10-144-332 Me. Code R. § 2-3

Current through 2024-50, December 11, 2024

Section 144-332-2-3 - CITIZENSHIP AND IDENTITY

MaineCare and CHIP applicants must declare their United States citizenship or qualifying noncitizen status and have their status verified to receive MaineCare benefits. An individual who is not a citizen of the United States may be eligible for full MaineCare benefits, or they may be eligible for emergency services only.

Section 3.1Verification of Citizenship and Identity

I. Unless exempted below in Paragraph II(A) through (F), all members of a household applying for Medicaid and CHIP must verify citizenship and identity. The Department will attempt to verify citizenship or qualifying noncitizen status through electronic services before requiring verification from the applicant or member.

II. The requirement to verify U.S. citizenship and identity does not apply to:

A. Current recipients of Supplemental Security Income (SSI).

B. Current recipients of Social Security benefits, based on the individual's disability.

C. Individuals entitled to or enrolled in Medicare.

D. Children who receive child welfare assistance under IV-B of the Social Security Act or foster care assistance under IV-E of the Social Security Act. This exemption is for the child only, not the family providing the care.

E. A newborn whose mother receives Medicaid at the time of birth.

F. Individuals while covered under Presumptive Eligibility.

G. Individuals whose citizenship or eligible noncitizen status has been verified by the Department and for whom no change in status has been reported to the Department.

III. Applicants and household members who declare United States citizenship or a qualifying noncitizen status, who are otherwise eligible and only pending for verification of citizenship or noncitizen status, will be granted a reasonable opportunity period of 90 days from the date of request for verification to provide documentation necessary to prove citizenship or qualifying noncitizen status. MaineCare or CHIP coverage will be provided during the reasonable opportunity period, starting with the first day of the month of application.

A reasonable opportunity period is not provided if an individual does not declare U.S. citizenship or a qualifying noncitizen status.

The reasonable opportunity period is defined as follows:

A. It begins the date after the member receives notice informing them they need to provide documentation of citizenship or qualifying noncitizen status. The date the notice is received is 5 days after the date on the notice.

B. It ends on the earlier of the date the Department verified the individual's citizenship or immigration status or at the end of the 90-day period if verification of citizenship or satisfactory noncitizen status was not obtained.

The Department may extend the reasonable opportunity period if the individual is making a good faith effort to obtain any necessary documentation, or if the Department needs more time to complete the verification process.

If the applicant does not provide documentation necessary to verify citizenship or qualifying noncitizen status of the applicant and household members within 90 days, benefits for unverified household members will end. A reasonable opportunity period will be provided on subsequent applications submitted by or on behalf of the applicant or household members.

IV. Failure to declare or prove citizenship or qualifying noncitizen status may result in ineligibility for Medicaid or CHIP. Emergency Services may be provided to an applicant who does not declare or is unable to prove declared qualifying noncitizen status within the reasonable opportunity period.

If an individual within a household is not eligible due to inability to prove citizenship, identity or noncitizen status, the individual will still be counted as part of the household and that person's income and assets will be included in determining eligibility for the rest of the household.

Section 3.2Citizenship and Identity Requirements

I. A United States citizen is:

A. An individual born in the United States or its territories, including Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands, except those born to a foreign diplomat, and who otherwise qualifies for U.S. citizenship under § 301 et seq. of the Immigration and Nationality Act; [8 U.S.C. §§ 1401-1409] .

B. An individual born of a parent who is a U.S. citizen or who otherwise qualifies for U.S. citizenship under § 301 et seq. of the Immigration and Nationality Act; [8 U.S.C. §§ 1401- 1409] .

C. A naturalized citizen.

D. A national (both citizen and noncitizen national):

1. Citizen National. A citizen national is an individual who otherwise qualifies as a U.S. citizen under § 301 et seq. of the Immigration and Nationality Act. [8 U.S.C. §§ 1401- 1409] .

2. Noncitizen National. A noncitizen national is an individual who was born in one of the outlying possessions of the United States, including America Samoa and Swain's Island, to a parent who is a noncitizen national.

II. Primary Verification of Citizenship and Identity

The following documents may be accepted as proof of both citizenship and identity because each contains a photograph of the individual named in the document, and the citizenship and identity of the individual have been established by either the U.S. or a state government. Primary verifications satisfy both citizenship and identity requirements:

A. U.S. passport, including U.S. passport card: a U.S. passport need not be currently valid to be accepted as evidence of U.S. citizenship, if it was originally issued without limitation. However, a passport that was issued with limitation and is not currently valid may be used as proof of identity only. U.S. passports issued after 1980 show only one person. However, spouses and children were sometimes included on one passport through 1980. The citizenship and identity of the included person can be established when one of these passports is presented.

B. Certificate of Naturalization (Department of Homeland Security form N-550 or N-570);

C. Certificate of U.S. Citizenship (Department of Homeland Security form N-560 or N-561); or

D. Tribal enrollment documents, evidencing membership or affiliation with a Federally recognized tribe.

III. Secondary Verifications of Citizenship

If primary verification from the list in Paragraph II of this section is unavailable, the person should provide satisfactory documentary verification from Paragraph VI of this section to establish identity, and satisfactory verification of citizenship from the list below:

A. A U.S. public birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam, the Virgin Islands of the U.S., American Samoa, Swain's Island, or the Northern Mariana Islands (after November 4, 1986 (NMI local time)). The birth record document may be issued by the state, commonwealth, territory, or local jurisdiction. It must have been recorded before the person was 5 years of age. (A delayed birth record document that is amended after 5 years of age is considered fourth level evidence of citizenship. See section V, paragraph B.

B. If the document shows the individual was born in Puerto Rico, Guam, the Virgin Islands of the U.S., or the Northern Mariana Islands before these areas became part of the U.S., the individual may be a collectively naturalized citizen. Collective naturalization occurred on the dates listed for each of the Territories. The following will establish U.S. citizenship for collectively naturalized individuals:

1. Puerto Rico

a. evidence of birth in Puerto Rico and the person's statement that they were residing in the U.S., a U.S. possession, or Puerto Rico on January 13, 1941; or

b. evidence that the person was a Puerto Rican citizen and the person's statement that they were residing in Puerto Rico on March 1, 2017 and that they did not take an oath of allegiance to Spain.

2. U.S. Virgin Islands

a. evidence of birth in the U.S. Virgin Islands, and the person's statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927; or

b. the person's statement indicating residence in the U.S. Virgin Islands as a Danish citizen on January 17, 2017 and residence in the U.S., a U.S. possession, or the U.S. Virgin Islands on February 25, 1927, and that the person did not make a declaration to maintain Danish citizenship; or

c. evidence of birth in the U.S. Virgin Islands and the person's statement indicating residence in the U.S., a U.S. possession, or Territory or the Canal Zone on June 28, 1932.

3. Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands {TTPI}):

a. evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. Territory or possession on November 3, 1986 (NMI local time) and the person's statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or

b. evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the person's statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or

c. evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).

d. If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the person is not a U.S. citizen.

C. A Certification of Report of Birth (DS-1350)

The Department of State issues a DS-1350 to U.S. citizens in the U.S. who were born outside the U.S. and acquired U.S. citizenship at birth, based on the information shown on the FS- 240. When the birth was recorded as a Consular Report of Birth (FS-240), certified copies of the Certification of Report of Birth Abroad (DS-1350) can be issued by the Department of State in Washington, D.C. The DS-1350 contains the same information as that on the current version of Consular Report of Birth FS-240. The DS-1350 is not issued outside the U.S.

D. A Report of Birth Abroad of a U.S. Citizen (Form FS-240)

The Department of State consular office prepares and issues this. A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Children born outside the U.S. to U.S. military personnel usually have one of these.

E. A Certification of Birth Issued by the Department of State (Form FS-545 or DS-1350)

Before November 1, 1990, Department of State consulates also issued Form FS-545 along with the prior version of the FS-240. In 1990, U.S. consulates ceased to issue Form FS-545. Treat an FS-545 the same as the DS-1350.

F. A U.S. Citizen I.D. Card

This form was issued as Form I-197 until the 1980s by INS. INS issued the I-179 from 1960 until 1973. It revised the form and renumbered it as Form I-197. INS issued the I-197 from 1973 until April 7, 1983. INS issued Form I-179 and I-197 to naturalized U.S. citizens living near the Canadian or Mexican border who needed it for frequent border crossings. Although neither form is currently issued, either form that was previously issued is still valid.

G. A Northern Mariana Identification Card (I-873)

The former Immigration and Naturalization Service (INS) issued the I-873 to a collectively naturalized citizen of the U.S. who was born in the NMI before November 4, 1986. The card is no longer issued, but those previously issued are still valid.

H. An American Indian Card (I-872) issued by the Department of Homeland Security (DHS) with the classification code "KIC"

DHS issues this card to identify a member of the Texas Band of Kickapoos living near the U.S./Mexican border. A classification code of "KIC" and a statement on the back denote U.S. citizenship.

I. A final adoption decree showing the child's name and U.S. place of birth

In situations where an adoption is not finalized and the state in which the child was born will not release a birth certificate prior to final adoption, a statement from a state-approved adoption agency that shows the child's name and U.S. place of birth is acceptable. The adoption agency must state in the certification that the source of the place of birth information is an original birth certificate.

J. Evidence of U.S. Civil Service employment before June 1, 1976

The document must show employment by the U.S. government before June 1, 1976. Individuals employed by the U.S. Civil Service prior to June 1, 1976 had to be U.S. citizens.

K. U.S. Military Record showing a U.S. place of birth

The document must show a U.S. place of birth (for example a DD-214 or similar official document showing a U.S. place of birth.)

L. A verification with the Department of Homeland Security's Systematic Alien Verification for Entitlements (SAVE) database. Inclusion in this database could prove citizenship through naturalization.

M. Evidence of meeting the automatic criteria for U.S. Citizenship outlined in the Child Citizenship Act of 2000.

N. Evidence of meeting the automatic criteria for U.S. citizenship under the provisions of the INA in effect on the person's birthdate or adoption date, if the person's birthdate or adoption date was prior to the February 27, 2001 enactment date of the Child Citizenship Act of 2000 (citizenship laws are not retroactive, so the law applicable at the time the person was born or adopted applies, even if that law was subsequently repealed and replaced by a new section).

IV. Third-Level Verification of Citizenship

If verification from the lists in Paragraphs II and III of this section is unavailable and the person claims a U.S. place of birth, the person should provide satisfactory verification from Paragraph VI of this section to establish identity, and satisfactory verification of citizenship from the list below:

A. Extract of a hospital record on hospital letterhead, indicating a U.S. place of birth. The hospital record must have been established at the time of the person's birth and created five years before the initial application date for Medicaid or CHIP (For children under age 16, the document must have been created near the time of birth or five years before the date of application). A souvenir "birth certificate" issued by a hospital does not satisfy this requirement.

B. Life, health, or other insurance record showing a U.S. place of birth. The record must have been created at least five years before the initial application date for Medicaid or CHIP.

C. Religious record recorded in the U.S. within three months of birth showing the birth occurred in the U.S. and showing either the date of the birth or the individual's age at the time the record was made. The record must be an official record recorded with the religious organization. (Entries in a family bible are not considered religious records.)

D. Early school record showing a U.S. place of birth. The school record must show the name of the child, the date of the admission to the school, the date of birth, a U.S. place of birth, and the name(s) and place(s) of the birth of the applicant's parents.

V. Fourth-Level Verification of Citizenship

If verification from the lists in Paragraphs II, III, and IV of this section is unavailable and the person claims a U.S. place of birth, the person should provide verification from Paragraph VI of this section to establish identity, and satisfactory documentary evidence of citizenship from the list below:

A. Federal or State census record showing U.S. citizenship or a U.S. place of birth. The census record must also show the applicant's age.

Census records from 1900 through 1950 contain certain citizenship information. To secure this information, complete a Form BC-600, Application for Search of Census Records for Proof of Age. Add in the remarks portion "U.S. citizenship data requested". Also add that the purpose is for Medicaid and CHIP eligibility.

B. One of the following documents that show a U.S. place of birth and was created at least five years before the application for Medicaid and CHIP:

1. Seneca Indian tribal census record;

2. Bureau of Indian Affairs tribal census records of the Navajo Indians;

3. U.S. State Vital Statistics official notification of birth registration;

4. A delayed U.S. public birth record that is recorded more than five years after the person's birth;

5. Statement signed by the physician or midwife who was in attendance at the time of birth; or

6. Bureau of Indian Affairs Roll of Alaska Natives.

C. Institutional admission papers from a nursing facility, skilled care facility or other institution, showing a U.S. place of birth, created at least five years before the initial application.

D. Medical (clinic, doctor, or hospital) record showing a U.S. place of birth. The record must have been created at least five years before the initial application date for Medicaid or CHIP. (For children under age 16, the document must have been created near the time of birth or five years before the date of application.)

An immunization record alone is not considered a medical record for purposes of establishing U.S. citizenship.

E. Written Affidavits of Citizenship

F. Declarations should only be used in rare circumstances. If the documentation requirement needs to be met through affidavits, the following rules apply:

1. There must be at least two affidavits by two people who have personal knowledge of the event(s) establishing the individual's claim of citizenship (the two affidavits could be combined in a joint declaration).

2. At least one of the people making the affidavit cannot be related to the applicant or recipient. Neither of the two individuals can be the applicant or recipient.

3. In order for the affidavits to be acceptable, the people making them must be able to provide proof of their own citizenship and identity.

4. If the people making the affidavits have information that explains why documentary evidence establishing the individual's claim of citizenship does not exist or cannot be readily obtained, the declaration should contain this information as well.

5. The applicant or recipient or other knowledgeable person (guardian or representative) must also provide an affidavit explaining why the evidence does not exist or cannot be obtained.

6. The affidavits must be signed under penalty of perjury.

VI. Evidence of Identity

The following documents, even if expired, may be accepted as proof of identity and must be submitted when the person uses, as proof of citizenship, the documents listed in Paragraphs II through V of this section. (A separate document proving identity need not be submitted when the person submits primary evidence of citizenship and identity as outlined in Paragraph II of this section):

A. A driver's license issued by a U.S. state or territory. The license must either have a photograph of the individual or other identifying information such as name, age, sex, race, height, weight, or eye color.

B. School identification card. The card must have a photograph of the individual.

C. U.S. military card or draft record.

D. Identification card issued by the federal, state, or local government. The card must have the same information that is required for driver's licenses.

E. Military dependent's identification card.

F. Native American tribal document.

G. U.S. Coast Guard Merchant Mariner card.

H. Certificate of Degree of Indian Blood, or another U.S. American Indian/Alaska Native Tribal document. The document must have a photograph or other personal identifying information relating to the individual.

A voter's registration card does not meet this requirement, as the Centers for Medicare and Medicaid Services (CMS) does not view this as a reliable form of identification.

I. In the absence of the documents described in Section 3.2(VI)(A) through (H) of this part, three or more corroborating documents such as marriage licenses, divorce decrees, high school and college diplomas from accredited institutions, including general education and high school equivalency diplomas, property deeds or titles, and employer ID cards can be used to verify the identity of an individual.

If the individual submitted fourth level verification of citizenship, Section 3.2(VI)(I) does not apply.

VII. Special Identity Rules for Children and Certain Individuals with Disabilities

An individual with a disability in a residential care or institutional facility may have their identity attested to by the facility director or administrator when the individual does not have or cannot get any document on the preceding lists. The affidavit is signed under the penalty of perjury but need not be notarized.

Children under age 16 may have their identity documented using one of the following if none of the documents in Paragraph VI are available:

A. School record including report card, daycare or nursery school record, verified by the Department with the issuing school.

B. Clinic, doctor or hospital record.

C. An affidavit of identity. An affidavit of identity is only acceptable if it is signed under penalty of perjury by a parent, guardian, or caretaker relative stating the date and place of the birth of the child and cannot be used if affidavits were used to establish citizenship.

Identity affidavits may be used for children under age 18 in limited circumstances, when the child is from an area where a school ID with picture is not provided or a driver's license with a picture is not available.

VIII. Documentary Evidence

Electronic data matching is the primary method of verifying citizenship and identity. If citizenship cannot be verified electronically, the applicant must provide documentary evidence of their citizenship as listed in Paragraph II through VII of this section.

A. All documents must be either originals or copies certified by the issuing agency.

B. Copies of citizenship and identification documents shall be maintained in the case record or electronic data base.

C. Individuals may submit documentary evidence without appearing in person at an OFI office. Documents may be tendered in person, by mail, or by a guardian or authorized representative. Originals or certified copies presented by the applicant or recipient will be returned.

D. Presentation of documentary evidence of citizenship is a one-time activity; once a person's citizenship is documented and recorded in a state database, subsequent changes in eligibility should not require repeating the documentation of citizenship unless later evidence raises a question of the person's citizenship.

E. The requirement to provide documentary evidence is the responsibility of the applicant. If documentation is not presented at application, the individual will be given a reasonable opportunity to provide the documentation.

Section 3.3Documentation and Verification for Noncitizens

An individual who is not a citizen or national of the United States must present alien registration documentation, other proof of immigration registration from the U.S. Citizenship and Immigration Services (USCIS), or other documents indicating the individual's qualifying noncitizen status. If the individual declares a satisfactory noncitizen status and documentation is not presented at application, the individual will be given a reasonable opportunity to provide the documentation. See Part 2, Section 3.1(III). Following the reasonable opportunity period, Temporary MaineCare coverage, as described in Section 12.3 of this part, will not be provided if the applicant cannot provide satisfactory documentation of noncitizen status.

The Systematic Alien Verification for Entitlements Program (SAVE) is the USCIS operative system for verification of noncitizen status for individuals applying for MaineCare. The noncitizen status of applicants who declare a qualifying noncitizen status must be verified through SAVE. If electronic verification indicates that additional documentation is required to verify attested noncitizen status, the Department will request further information from the individual. If an applicant disputes the USCIS response, they may submit additional documentation. The Department will submit additional documentation received by the Department to SAVE to reattempt electronic verification of attested status.

Section 3.4MaineCare Coverage for Noncitizens

The Personal Responsibility and Work Opportunity and Reconciliation Act of 1996 (PRWORA), P.L. 104-193, describes noncitizens as either qualified or non-qualified aliens. PRWORA further defines aliens who are eligible to receive either full benefit Medicaid or emergency services only, and qualified aliens who are subject to the five-year bar from Medicaid eligibility.

An individual must provide documentation from the United States Citizen and Immigration Services (USCIS) to prove their noncitizen status.

If an individual admits to being an undocumented noncitizen, this information will not be shared with USCIS. All information is held confidential in accordance with Part 1, Section 2.

I. Noncitizens Eligible for Full Benefits

Below is a listing of noncitizen groups who may be eligible for full benefits. See Section 3.4(II) of this part for a listing of noncitizen statuses that are only eligible for Emergency Services.

A. Veteran or Active Duty Personnel

1. Lawfully residing in U.S.; and

2. A veteran of the U.S. Armed Forces with an honorable discharge or on active duty (not training) in the U.S. Armed Forces; or

3. Lawfully residing in the U.S. and a spouse or unmarried child of the veteran described in Paragraph I(A)(1) and (2) of this section. "Unmarried child" means a child is or could be claimed as dependent on veteran's tax return and meets MaineCare requirements for a dependent child.

B. Legal Permanent Resident

1. Legal permanent resident status (LPR) granted under Immigration and Nationality Act (INA).

i. EXCEPTION: Legal permanent residents are not eligible for full benefits if they have been in the U.S. less than five years. There is no five-year waiting period if any of the following conditions applies:

a. The individual's date of entry to the U.S. is prior to August 22, 1996;

b. The individual is a child under the age of 21;

c. The individual is pregnant;

d. Prior to adjustment to legal resident status regardless of the LPR status-granted date, the noncitizen's status was Refugee (C, below), Asylee (D, below), Person whose deportation was withheld (E, below), Amerasian immigrant (J, below), or Cuban or Haitian entrant (K, below). This noncitizen is eligible as a Refugee, Asylee, Deportee, Amerasian immigrant, or Cuban / Haitian entrant (per Medicaid State Plan).

C. Refugee

1. Refugee status granted under § 207 of the INA

D. Asylee

1. Asylee status granted under § 208 of the INA

E. Deportation Withheld

1. Deportee status granted under § 243(h) of the INA as in effect prior to April 1, 1997; or § 241(b)(3) of the INA, as amended

F. Parolee

1. Parolee status granted for at least a year under § 212(d)(5) of the INA.

i. EXCEPTION: Parolees are not eligible for full benefits if they have been in the U.S. less than five years. There is no five-year waiting period if any of the following conditions applies:

a. The individual's date of entry to the U.S. is prior to August 22, 1996;

b. The individual is a child under the age of 21;

c. The individual is pregnant.

G. Conditional Entrant

1. Conditional entrant status granted under § 203(a)(7) of the INA in effect before April 1, 1980

i. EXCEPTION: Conditional entrants are not eligible for full benefits if they have been in the U.S. less than five years. There is no five-year waiting period if any of the following conditions applies:

a. The individual's date of entry to the U.S. is prior to August 22, 1996;

b. The individual is a child under the age of 21;

c. The individual is pregnant.

H. Battered Noncitizen or Battered Noncitizen's Minor Child

1. While lawfully residing in the U.S. the noncitizen or the minor child was battered or subjected to extreme cruelty by a spouse, a parent, or a member of the spouse's or parent's family residing in the same household as the noncitizen; and

2. Batterer(s) no longer lives in same household, and

3. The noncitizen or the minor child meets the conditions set forth in § 431(c) of PRWORA as amended (Section 431(c) of PRWORA, as amended, is codified at 8 USC 1641(c)).

i. EXCEPTION: Battered Noncitizens are not eligible for full benefits if they have been in the U.S. less than five years. There is no five-year waiting period if one of the following conditions applies:

a. The individual's date of entry to the U.S. is prior to August 22, 1996;

b. The individual is a child under the age of 21;

c. The individual is pregnant.

I. Trafficking Victim

1. Noncitizens certified as a trafficking victim (TV) under 107(b)(1) of the TV Protection Act of 2000, P.L. 106-386.

J. Amerasian

1. Admitted to the U.S. pursuant to § 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988

K. Cuban or Haitian Entrant

1. As defined in § 501(e) of the Refugee Education Assistance Act of 1980

L. American Indian Born in Canada

1. The individual is at least one-half American Indian blood and provisions of § 289 of the INA apply

M. Native American who is a Member of a Federally-Recognized Indian Tribe

1. Member of an Indian tribe under Section 4(e) of the Indian Self-Determination and Education Assistance Act

N. Iraqi Special Immigrant Eligibility Under Public Law 110-161 and 110-181, Section 1244

1. Has same status as refugee under 2009 Department of Defense Bill.

O. Afghani Special Immigrant Eligible Under Public Law 110-161

1. Has same status as refugee under 2009 Department of Defense Bill.

P. Compact of Free Association (COFA) Migrants

1. Effective December 27, 2020 individual citizens from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.

Q. Lawfully Residing Pregnant Women, and Children Under the Age of 21

1. Under the Children's Health Insurance Program Reauthorization Act of 2009, Section 214, lawfully residing pregnant women and children under the age of 21 include:

i. A "Qualified alien" otherwise subject to the five-year waiting period per Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;

ii. A citizen of a Compact of Free Association State (i.e., Federated States of Micronesia, Republic of the Marshall Islands, and the Republic of Palau) who has been admitted to the U.S. as a non-immigrant and is permitted by the Department of Homeland Security to reside permanently or indefinitely in the U.S.;

iii. An individual described in 8 C.F.R. § 103.12(a)(4) who does not have a permanent residence in the country of their nationality and is in a status that permits the individual to remain in the U.S. for an indefinite period of time, pending adjustment of status. These individuals include:

a. An individual currently in temporary resident status as an Amnesty beneficiary pursuant to Section 210 or 245A of the Immigration and Nationality Act (INA);

b. An individual currently under protected Status pursuant to Section 244 of the INA;

c. A family Unity beneficiary pursuant to Section 301 of Public Law 101-649 as amended by, as well as pursuant to, Section 1504 of Public Law 106-554;

d. An individual currently under Deferred Enforced Departure pursuant to a decision made by the President; and

e. An individual who is the spouse or child of a U.S. citizen whose visa petition has been approved and who has a pending application for adjustment of status; and

iv. An individual in non-immigrant classifications under the INA who is remaining in the U.S. for an indefinite period, including the following as specified in Section 101(a)(15) of the INA:

a. A parent or child of an individual with special immigrant status under Section 101(a)(27) of the INA, as permitted under Section 101(a)(15)(N) of the INA;

b. A Fiancè of a citizen, as permitted under Section 101(a)(15)(K) of the INA;

c. A religious worker under Section 101(a)(15)(R);

d. An individual assisting the Department of Justice in a criminal investigation, as permitted under Section 101(a)(15)(S) of the INA;

e. A battered alien under Section 101(a)(15)(U) (see also Section 431 as amended by PRWORA); and

f. An individual with a petition pending for 3 years or more, as permitted under Section 101(a)(15)(V) of the INA.

II. Noncitizens Eligible for Emergency Services

A noncitizen who does not declare a qualified noncitizen status from Paragraph I of this section, or has no USCIS documents regarding their noncitizen status, or who is an ineligible noncitizen as defined in Subparagraph B below, or who is a qualified alien subject to the five-year waiting period for full Medicaid can get Medicaid or CHIP Emergency Services only. Individuals must still meet financial requirements and be in a coverable group. These individuals must meet all basic eligibility requirements (including Maine residency) except for citizenship or noncitizen status and providing a Social Security number. If these individuals intend to remain in Maine at the time of application, they will be considered Maine residents.

MaineCare Emergency Services coverage is only available for the noncitizen groups listed below:

A. Undocumented Noncitizen

1. Non-qualified noncitizens who do not have USCIS documentation of their citizenship status.

2. EXCEPTION: Individuals under the age of 21 described in Part 3, Section 2.1(V) and pregnant individuals described in Part 3, Section 2.3 (III) may be eligible for full MaineCare benefits.

B. Ineligible Noncitizen

1. Non-qualified noncitizens legally admitted on a temporary basis or for a specific time period. The following are examples of individuals who are ineligible noncitizens:

Except for (x) below, these noncitizens should have one of the following types of INS documents: Form I-94, Arrival-Departure Record; Form I-185, Canadian Border Crossing Card; Form I-186, Mexican Border Crossing Card; Form SW-434, Mexican Border Visitor's Permit; Form I-95A, Crewman's Landing Permit; or Form I-184, Crewman's Landing Permit and Identification Card.

i. Foreign government representatives on official business and their families and employees;

ii. Visitors for business or pleasure, including exchange visitors;

iii. Aliens in travel status while traveling directly through the United States;

iv. Crewmen on shore leave;

v. Treaty traders and investors and their families;

vi. Foreign students;

vii. International organization personnel and their families and servants;

viii. Temporary workers, including agricultural contract workers;

ix. Members of foreign press, radio, film or other information media and their families

x. Parolee in the U.S. under Section 212(d)(5) for less than one year

2. EXCEPTION: Some ineligible noncitizens may be included for full coverage under CHIPRA 2009, Section 214. Lawfully residing pregnant individuals and children under age 21 may be eligible for full benefits - refer to Paragraph I(Q) of this section, "Noncitizens Eligible for Full Benefits." The term"lawfully residing" includes nonqualified noncitizens who are in the U.S. lawfully.

C. Qualified Alien Subject to the Five-Year Waiting Period

1. Qualified aliens who enter the United States on or after August 22, 1996 are subject to a five-year waiting period for full Medicaid unless they are specifically exempt from this waiting period or otherwise included in the State Medicaid Plan.

2. As indicated in Section 3.4 (I), the following qualified aliens are not subject to the five- year waiting period:

i. Qualified Aliens who came to the United States before August 22, 1996

ii. Legal Permanent Residents whose prior qualified alien status was Refugee, Asylee, Person whose deportation was withheld, Amerasian immigrant, Haitian entrant, or Cuban entrant.

iii. Pregnant individuals

iv. Children under the age of 21

v. The following Qualified Aliens:

a. Veteran or Active Duty Personnel

b. Refugee

c. Asylee

d. Deportation Withheld

e. Trafficking Victims

f. Amerasians

g. Cuban and Haitian Entrants

h. American Indian born in Canada

i. Native Americans who are members of Federally-recognized Indian Tribes

j. Iraqi Special Immigrants

k. Afghani Special Immigrants

3. Immigrants who entered the United States prior to August 22, 1996 and did not remain "continuously present" in the U.S. until becoming a qualified alien on or after that date are also subject to the five-year waiting period. Any single absence of more than 30 consecutive days or a combined total absence of 90 days before obtaining qualified alien status interrupts "continuous presence."

4. The five-year waiting period begins on the date the immigrant obtains qualified alien status. Once the five-year waiting period expires, the qualified alien is eligible for full Medicaid benefits.

10-144 C.M.R. ch. 332, § 2-3