23 Miss. Code. R. 102-3.29

Current through October 31, 2024

Rule 23-102-3.29 - Ineligible Aliens

A. Ineligible aliens may be lawfully admitted to the U. S., but only for a temporary or specified period of time. These aliens are never qualified aliens, because of the temporary nature of their admission status, most ineligible aliens are not entitled to any Medicaid benefits, including emergency services.

B. However, in some instances, an alien in a currently valid non-immigration status may meet state residency requirements, such as intent to reside in MS for purpose of employment. If state residency requirements are met, the alien is potentially eligible for Emergency Medicaid services only.

C. Examples of ineligible aliens who are lawfully admitted:

1. Foreign Students;

2. Visitors;

3. Tourists;

4. Foreign government representatives and their families and servants;

5. Crewmen on shore leave;

6. International organization representatives and their families and servants;

7. Temporary workers (individuals allowed entry temporarily for employment purposes;

8. Members of the foreign press, radio, film, etc., and their families; and

9. Short term parolees.

B. Ineligible aliens who are admitted lawfully must possess one of the following:

1. Visa, Passport, or Form I-766; or

2. Form I-94, Arrival/Departure Record annotated with A-M; or

3. Form I-688 Temporary resident Card annotated with Section 210 or 245 A.

23 Miss. Code. R. 102-3.29

42 CFR §440.255(c) (Rev. 1991).