Family and Children's Medicaid MA-3330 – ALIEN REQUIREMENTS

REVISED 05/01/11 – CHANGE NO. 09-11

I. INTRODUCTION

Individuals who live in the U.S. and are not U.S. citizens are aliens. For Medicaid purposes, aliens are referred to as qualified aliens or non-qualified aliens. Each applicant/recipient (a/r) must provide or cooperate in obtaining proof of alien status. Once documented in the case record, no further requests are made unless the documents become questionable or the individual’s alien status changes. If the a/r is undocumented, no citizenship, identity, or alien documentation is needed.

The purpose of this section is to provide instructions for determining alien status. The Glossary of USCIS Terms in III., below, provides definitions for the United States Citizenship and Immigration Services’ (USCIS) terms with which you may not be familiar.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L.104-93), and numerous amendments to it, have significantly changed Medicaid eligibility for individuals who are not citizens of the United States. Some of the laws which amended the Personal Responsibility and Work Opportunity Reconciliation Act are Section 501 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L.104-208), the Balanced Budget Act of 1997 (P.L. 105-33), the Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 (P.L. 105-306), and the Violence Against Women Act of 2000 (Division B of P.L. 106-386). The Trafficking Victims Protections Act of 2000 (Division A of P.L. 106-386) made changes that affect the eligibility of noncitizens.

The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA or PL 111-3) provides a provision to extend Medicaid/CHIP coverage to qualified alien pregnant women and children under age 19 lawfully residing in the US who have not met the 5-year disqualification period or 5-year bar required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. These individuals are exempt from the 5 year bar. Refer to the chart, Overview of Alien Eligibility For Medicaid, in IV.C, below.

Additionally, CHIPRA added 12 categories of non qualified aliens lawfully residing in the US who may be eligible for Medicaid for emergency medical services. These 12 categories of non qualified aliens are referred to as “special aliens”. Otherwise eligible pregnant women or children under age 19 who are lawfully residing in the US, referred to as “special aliens” may be eligible for full Medicaid/CHIP coverage. Refer to the chart, Overview of Alien Eligibility For Medicaid, in IV.C, below.

REVISED 05/01/11 – CHANGE NO. 09-11

(I.)

The Department of Defense Appropriations Act of 2010 (P.L. 111-118) amends the Refugee Crisis in Iraq Act of 2007 (P.L. 110-181) and the Afghan Allies Protection Act of 2009 (P.L.111-8) by making Iraqi and Afghan Special Immigrants (SIVs) eligible for resettlement assistance, federal benefits, and entitlements for the same time period as refugees. Iraqi and Afghan special immigrants will no longer be bound by the 5-year bar or limited to an 8 month period of eligibility for Medicaid or North Carolina Health Choice (NCHC).