016-28-21 Ark. Code R. § 1

Current through Register Vol. 49, No. 6, June, 2024

Rule 016.28.21-001 - Medical Services Policy Sections D-210 and D-224

D-200General Citizenship and Alien Status Requirements

D-210Citizenship

MS Manual 03/02/2021 48 U.S.C. 1806e

Consider any person born in the United States to be a citizen. People born abroad are considered U.S. citizens when at least one of the parents is a U.S. citizen. Also, consider a person who is a U.S. national the same as a U.S. citizen. A U.S. national is a person who is born in one of the U.S. territories. The U.S. territories include:

* Puerto Rico

* Guam

* The Virgin Islands

* The Northern Mariana Islands

* American Samoa

* The Swains Island

People who are not citizens or nationals can become citizens through the process of naturalization.

Citizenship must be verified for all Medicaid applicants declaring to be U.S. citizens or nationals. Refer to MS G-130 for verification requirement.

D-224Aliens Exempt from Five-Year Bar

MS Manual 03/02/2021 431 of PRWORA

Aliens with the following statuses are potentially eligible for Medicaid from the date the status is obtained:

* Refugees admitted under section 207 of the Immigration and Nationality Act (INA).

* Iraqi and Afghan Special Immigrants admitted as lawfully permanent residents but treated as refugees.

* Aliens granted asylum under section 208 of the INA.

* Aliens lawfully living in United States in accordance with the Compacts of Free Association. This only applies to: Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau (116HR133SA-RCP-116-68).

* Aliens whose deportation or removal is withheld under section 243(h) or section 241(b) (3) of the INA.

* Cuban or Haitian entrants under section 501(e) of the Refugee Education Assistance Act of 1980.

* Cuban or Haitian entrants in the Haitian Family Reunification Program.

* Amerasian immigrants.

* Canadian born American Indians who have treaty rights to cross the U.S. borders with Canada and Mexico.

* Aliens lawfully living in the United States on 8/22/96 who were receiving AABD Medicaid at that time may continue to receive Medicaid benefits. This applies only to AABD categories.

* Aliens lawfully living in the United States on 8/22/96 who subsequently become blind or disabled may receive Medicaid benefits in the future.

* Aliens lawfully admitted for permanent residence who are veterans honorably discharged for reasons other than alienage, and their spouses, surviving un-remarried spouses, and unmarried dependent children. This includes alien spouses, surviving unremarried spouses, and unmarried dependent children of veterans who are U.S. citizens or deceased veterans.

* Aliens lawfully admitted for permanent residence who are active-duty personnel of the United States Armed Forces and their spouses, surviving un-remarried spouses, and unmarried dependent children. This includes alien spouses, surviving unremarried spouses, and unmarried dependent children of active duty personnel who are U.S. citizens or deceased active duty personnel. Active duty excludes temporary full-time duty for training purposes performed by members of the National Guard or Reserves.

* Pregnant Women and Children who are lawfully present. This includes but is not limited to pregnant women and children in the following statuses:

1) A qualified alien as defined in 8 U.S.C. 1641(b) and (c)

2) An alien in a valid non-immigration status, as defined in 8 U.S.C. 1101(a)(15) or otherwise under the immigration laws as defined in 8 U.S.C. 1101(a) (17);

3) An alien who has been paroled into the United States in accordance with 8 U.S.C. 1182(d)(5) for less than 1 year, except for an individual paroled for prosecution, for deferred inspection or pending removal proceedings;

4) An alien who belongs to one of the following classes:

* Granted temporary resident status in accordance with 8 U.S.C. 1160 or 1255a, respectively;

* Granted Temporary Protected Status (TPS) in accordance with 8 U.S.C. 1254a, and individuals with pending application for TPS who have been granted employment authorization;

* Granted employment authorization under 8 CFR 274a. 12c;

* Family Unity beneficiaries in accordance with section 301 of Pub. L. 101649, as amended;

* Under Deferred Enforced Departure (DED) in accordance with a decision made by the President;

* Granted Deferred Action status;

* Granted an administrative stay of removal under 8 C.F.R. 241;

* Beneficiary of approved visa petition who has a pending application for adjustment of status;

5) An alien with a pending application for asylum under 8 U.S.C. 1158, or for withholding of removal under 8 U.S.C. 1231, or under the Convention Against Torture who:

* Has been granted employment authorization; or

* Is under the age of 14 and has had an application pending for at least 180 days;

6) An alien who has been granted withholding of removal under the Convention Against Torture;

7) A child who has a pending application for Special Immigration Juvenile status as described in 8 U.S.C. 1101(a)(27)(J);

8) Is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. 1806(e); or

9) Is lawfully present in American Samoa under the immigration laws of American Samoa.

EXCEPTION: An alien with deferred action under the USDHS's deferred action for childhood arrivals process, as described in the Secretary of Homeland Security's June 15, 2012 memorandum, shall not be considered lawfully present with respect to any of the above categories.

NOTE: Documentation that is required to verify lawfully residing status is found at Appendix C.

016.28.21 Ark. Code R. § 001

Adopted by Arkansas Register Volume MMXXI Number 03, Effective 3/6/2021

Amended by Arkansas Register Volume MMXXI Number 07, Effective 7/1/2021