Haw. Code R. § 17-1723.1-10

Current through September, 2024

Section 17-1723.1-10 - Categorical requirements

(a) Coverage of emergency services may be provided to an individual who is ineligible for Medicaid, meets the conditions of subsections (b) and (c), and is:

(1) Illegally residing in the United States;

(2) A lawfully present non-citizen, including a citizen of a COFA nation, who is age nineteen or over and not pregnant;

(3) A non-citizen who was never legally admitted to the U.S. for any period of time, or was admitted for a limited time and did not leave when the time expired; or

(4) Lawfully admitted for a temporary or a specified time period as a legal nonimmigrant such as a:

(A) Visitor;

(B) Tourist;

(C) Diplomat;

(D) Student who enters the U.S. temporarily with no intention of abandoning residence in a foreign country.

(b) Has a sudden onset of a medical condition, including emergency labor and delivery, manifesting itself in acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could be expected to result in:

(1) Placing the individual's health in serious jeopardy;

(2) Serious impairment to bodily functions; or

(3) Serious dysfunction of any bodily organ or part.

(c) Meets all other categorical and financial eligibility criteria for Medicaid with the exception of citizenship, lawfully present non-citizen status, and a SSN for an illegal non-citizen. Otherwise, the following conditions shall apply:

(1) An individual who is aged, blind, or disabled (ABD) shall meet the categorical requirements for aged, blind, or disabled individuals described in chapter 17-1719;

(2) A non-ABD individual shall meet the categorical eligibility requirements described in chapters 17-1715, 17-1716, 171717, 17-1718 or 17-1730.1 as applicable.

Haw. Code R. § 17-1723.1-10

[Eff 09/30/13] (Auth: HRS § 346-14; 42 U.S.C. § 1320b-7(d), 42 C.F.R. §§ 435.10, 435.139, 435.406 (c), 440.255) (Imp: 42 U.S.C. § 1320b-7(d), 42 C.F.R. §§ 435.139, 435.406 (c), 440.255)
Historical note: § 17-1723.1-10 is based substantially upon repealed § 17-1723-5. [Eff 08/01/94; am 05/17/97; am 12/27/97; am 09/17/07; R 09/30/13]