Section 17-1725.1-19 - Assets 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 INA on or after December 19, 1997, shall have their assets and their spouse's assets deemed as available to a non-citizen requesting medical assistance.(b) The assets 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 U.S. 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 assets of their sponsor and the sponsor's spouse as applicable shall disqualify the non-citizen from receiving medical assistance.(d) The assets 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 shall apply in the case of an indigent non-citizen. The deeming of assets in subsection (a) shall not be applicable for a twelvemonth period from the date a non-citizen is determined to be indigent. (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 assets plus assets provided by other individuals, including the sponsor and the sponsor's spouse, does not exceed one hundred per cent of the asset retention limit for the non-citizen's household size;(2) The department will only consider the actual amount contributed by the sponsor and sponsor's spouse for a twelve month period, which begins on the date of such determination 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 for a battered spouse and child who are non-citizens. The assets of the sponsor and the sponsor's spouse described in subsection (a) shall not be deemed when the sponsor and the sponsor's spouse are the batterer and the spouse of the batterer, and only for the period the non-citizen is not residing in the 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 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 spouse or parent consented to 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 spouse or parent of the non-citizen who did not actively participate in such battery or cruelty or by a member of the spouse's or parent's family residing in the same residence and the spouse or the parent consented to or acquiesced to such battery or cruelty; or(C) A non-citizen child who was residing with the parent who was battered or subjected to extreme cruelty in the U.S. by that parent's spouse or by a member of the spouse's family residing in the same residence as the parent and the spouse consented to or acquiesced to such battery or cruelty described in any of the paragraphs under this subsection;(2) The department shall determine whether the battery or cruelty is 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 assets, or other assets provided by other individuals, including the sponsor and the sponsor's spouse, does not exceed one hundred per cent of the asset retention limit for the non-citizen's household size; and(3) After the twelve month period ends, the department shall continue to exempt the batterer's assets 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 non-citizen's need for benefits.Haw. Code R. § 17-1725.1-19
[Eff 09/30/13] (Auth: HRS § 346-14; 20 C.F.R. §416.1204; 8 U.S.C. §§1631, 1632 ) (Imp: 20 C.F.R. §416.1204; 8 U.S.C. §§1631, 1632 )