Section 17-1724.2-4.1 - Income of the sponsor of a non-citizen(a) The sponsor of a non-citizen who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act (INA) on or after December 19, 1997, shall have their income and their spouse's income deemed as available to a non-citizen requesting medical assistance. For the purposes of this section: (1) "Sponsor" means an individual who is either required to execute or has executed an affidavit of support.(2) "Affidavit of support" means a document that an individual completes and signs to accept financial responsibility for another person, who may be, but is not required to be, a relative who is coming to the United States to live permanently. The person who completes and signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States.(b) The income of a non-citizen's sponsor and the sponsor's spouse shall be deemed available to the non-citizen until such time as the non-citizen: (1) Achieves United States citizenship through naturalization pursuant to chapter 2 of Title III of the INA; or(2) Has worked forty qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with such qualifying quarters as provided under 8 U.S.C. § 1645. In the case of any such qualifying quarter beginning after December 31, 1996, the non-citizen must not have received any Federal means-tested public benefit during any such period.(c) The non-citizen's failure to provide information and verification regarding the income of their sponsor and the sponsor's spouse, as applicable, shall disqualify the non-citizen from receiving medical assistance.(d) The income of a non-citizen's sponsor and the sponsor's spouse shall not be deemed available to a non-citizen for coverage of emergency medical assistance as described in chapter 17-1723.1.(e) Special provisions in the case of an indigent non-citizen. The deeming of income in subsection (a) shall not be applicable for a twelvemonth period from the date a non-citizen is determined to be indigent as defined in this subsection. (1) The department may determine a non-citizen to be indigent when the non-citizen is unable to obtain food and shelter because the non-citizen's own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor and the sponsor's spouse, does not exceed one hundred thirty-three per cent of the federal poverty level for the non-citizen's applicable household size;(2) The department will only consider the actual amount of income contributed by the sponsor and the sponsor's spouse for a twelve-month period, which begins on the date of such determination of indigent status and ends twelve months after such date;(3) Each period of indigence is renewable for additional twelve month periods; and(4) The department must notify the federal Attorney General of each such determination, including the names of the sponsor and the sponsored non-citizen involved.(f) Special provisions in the case of a non-citizen battered spouse or child. Deeming of income of the sponsor and the sponsor's spouse described in subsection (a) shall not apply for a twelve-month period if the non-citizen who was subjected to the battery or cruelty is not residing in the same residence of the batterer. (1) This provision applies to: (A) A non-citizen who was battered or subjected to extreme cruelty in the U.S. by a spouse or parent, or by a member of the spouse's or parent's family residing in the same residence as the non-citizen and the spouse or parent consented or acquiesced to such battery or cruelty;(B) A non-citizen whose child was battered or subjected to extreme cruelty in the U.S. by the non-citizen's spouse or parent, or by a member of the spouse's or parent's family residing in the same residence as the non-citizen and the non-citizen did not actively participate in the battery or cruelty, and the spouse or parent consented or acquiesced to such battery or cruelty; or(C) A non-citizen child who was residing with a parent who was battered or subjected to extreme cruelty in the U.S. by the parent's spouse or by a member of the spouse's family residing in the same residence as the parent and non-citizen child and the spouse consented or acquiesced to such battery or cruelty.(2) The battery or cruelty must be substantially connected to the need for public benefits which means that without the support of the batterer, the non-citizen is unable to obtain food and shelter because the non-citizen' s own income plus any cash, food, housing, or assistance provided by other individuals including the sponsor, does not exceed one hundred thirty-three per cent of the poverty income level for the non-citizen's applicable household size.(3) After the twelve-month period ends, the department shall continue to exempt the batterer's income when the battery or cruelty is recognized in an order of a judge or administrative law judge or a prior determination of the USCIS, and the department determines that such battery or cruelty still has a substantial connection to the need for benefits. (g) The deeming of income provisions in subsection (a) shall not apply to a lawfully present non-citizen who is a child under age nineteen years or who is a pregnant woman.(h) The deemed income of the non-citizen's sponsor and the sponsor's spouse shall be determined in the following manner for each non-citizen's sponsor: (1) Count the MAGI-based income of the sponsor and his or her spouse (if living together);(2) Deduct one hundred thirty-three per cent of the federal poverty level for the sponsor's applicable household size which includes the sponsor, sponsor's spouse (if living together) and their dependents;(3) Deem any remaining balance as income to the sponsored non-citizen; and(4) If a sponsor sponsored more than one non-citizen, the income deemed available shall be prorated amongst the number of non-citizens sponsored by that sponsor. The income of a sponsor and sponsor's spouse (if living together), who expects to claim a sponsored non-citizen as a tax dependent, shall be counted as either income deemed available according to paragraphs (1) through (4), or part of the household's MAGI-based income.(i) If income deemed available for a sponsored non-citizen results in ineligibility for his or her household, redetermine the non-sponsored household member's eligibility in the following manner (1) Keep the household size the same and if applicable, continue to apply MAGI-based methodology; and(2) Do not count the income deemed available toward the non-sponsored household member (s). Haw. Code R. § 17-1724.2-4.1
[Eff and Comp 11/10/2016](Auth: HRS § 346-53; 8 C.F.R. §§ 213a.l, 213a.2; 42 C.F.R. § 435.406; 8 U.S.C. §§ 1631, 1632, 1645) (Imp: HRS § 346-29; 8 C.F.R. §§ 213a.l, 213a.2; 42 C.F.R. § 435.406; 8 U.S.C. §§ 1631, 1641, 1645)