Iowa Admin. Code r. 441-87.1

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 441-87.1 - Definitions

"Applicant" means a person who applies for assistance under the family planning program described in this chapter.

"Authorized Title X agency" means an agency or entity with an executed memorandum of understanding (MOU) with the Iowa department of human services authorizing the agency to perform point-of-service eligibility determinations for the family planning program.

"Citizen" or "citizenship" includes both citizens of the United States and nationals of the United States as defined in 8 U.S.C. Section 1101(a)(22).

"Department" means the Iowa department of human services.

"Family planning services" means pregnancy prevention and related reproductive health services.

"Federal poverty level" means the levels published and updated periodically in the Federal Register by the United States Department of Health and Human Services (DHHS) under the authority of 42 U.S.C. Section 9902(2) and revised annually on April 1.

"Member" means a person who has been determined eligible and is a current or former recipient of the family planning program services.

"Noncitizen" means the same as the term "alien" as defined at 8 U.S.C. Section 1101(a)(3).

"Qualified noncitizen" means the same as the term "qualified alien" as defined at 8 U.S.C. Section 1641(b) and (c) and refers to a person who is:

1. Lawfully admitted for permanent residence in the United States under the Immigration and Nationality Act (INA);

2. Granted asylum in the United States under Section 208 of the INA;

3. A refugee admitted to the United States under Section 207 of the INA;

4. Paroled into the United States under Section 212(d)(5) of the INA for a period of at least one year;

5. A person whose deportation from the United States is withheld under Section 243(h) of the INA as in effect before April 1, 1997, or under Section 241(b)(3) of the INA;

6. Granted conditional entry to the United States pursuant to Section 203(a)(7) of the INA as in effect before April 1, 1980;

7. An Amerasian admitted to the United States as described in 8 U.S.C. Section 1612(b)(2)(A)(i)(V);

8. A Cuban/Haitian entrant to the United States as described in 8 U.S.C. Section 1641(b)(7);

9. A battered noncitizen as described in 8 U.S.C. Section 1641(c);

10. Certified as a victim of trafficking as described in Section 107(b)(1)(A) of Public Law 106-386;

11. An American Indian born in Canada to whom Section 289 of the INA applies or a member of a federally recognized Indian tribe as defined in 25 U.S.C. Section 450b(e);

12. Under the age of 21 and lawfully residing in the United States as allowed by 42 U.S.C. Section 1396b(v)(4)(A)(ii); or

13. Lawfully residing in the United States in accordance with a Compact of Free Association with the government of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau as described in 8 U.S.C. Section 1612(b)(2)(G) as amended by Section 208 of Division CC of Public Law 116-260.

"Qualifying quarters" means all of the qualifying quarters of coverage as defined under Title II of the Social Security Act worked by a parent of a noncitizen while the noncitizen was under the age of 18 and all of the qualifying quarters worked by a spouse of the noncitizen during their marriage if the noncitizen remains married to the spouse or the spouse is deceased. No qualifying quarters of coverage that are creditable under Title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to a noncitizen if the parent or spouse of the noncitizen received any federal means-tested public benefit during the period for which the qualifying quarter is credited.

Iowa Admin. Code r. 441-87.1

ARC 7544B, lAB 2/11/09, effective 1/20/09

Adopted by IAB July 19, 2017/Volume XL, Number 2, effective 7/1/2017

Amended by IAB October 11, 2017/Volume XL, Number 8, effective 11/15/2017

Amended by IAB February 8, 2023/Volume XLV, Number 16, effective 4/1/2023