23 Miss. Code. R. 102-3.18

Current through October 31, 2024

Rule 23-102-3.18 - Qualified Aliens Not Subject to Eligibility Restrictions

A. The following groups of qualified aliens are exempt from both the five (5) year disqualification and the seven (7) year eligibility time limit and if otherwise eligible, qualify for full Medicaid:

1. Non-citizen members of a Federally-recognized Indian tribe, as defined in 25 U.S.C 450(b)(e); and American Indians born in Canada to whom Section 289 of the INA applies;

2. Any qualified alien who is also

a) An honorably discharged veteran or

b) On active duty in the U. S. military or

c) The spouse (including a surviving spouse who has not remarried) or

d) An unmarried dependent child of an honorably discharged veteran or individual on active duty in the military;

3. Grandfathered aliens, i.e., those eligible for and receiving Medicaid on 8/22/96;

4. Aliens who entered the U. S. and obtained qualified status prior to 8/22/96;

5. Aliens who entered the U. S. prior to 8/22/96, but obtained qualified status on or after that date, and remained continuously present in the U.S. from their last entry date into the country prior to 8/22/96 until becoming a qualified alien. Refer below for the definition of continuously present.

B. Aliens filing an application for Emergency Medicaid services only are not subject to either the five (5) year disqualification or seven (7) year time limit.

23 Miss. Code. R. 102-3.18

8 USC § 1612.