Section 477-5-002 - CITIZENSHIP AND ELIGIBLE NON-CITIZENSIn order to be eligible for Medicaid, an applicant or client must be a citizen of the United States or an eligible non-citizen. Citizenship or non-citizen status must be verified through acceptable documentation, as defined by federal regulations. The following individuals meet the criteria for citizenship or eligible non-citizen status:
(A) Citizens or nationals of the United States. A child born in the United States is a United States citizen. A newborn who was determined to be eligible for Medicaid in the month of birth meets citizenship and identity requirements without further verification, including newborns whose birth expenses were paid for Emergency Medical Services Assistance (EMSA) for non-citizens;(B) Qualified non-citizens as defined in Section 431 of the Immigration and Nationality Act (INA): (i) A non-citizen who was admitted as a lawful permanent resident (LPR) and has resided in the United States for at least five calendar years from the date of entry, or who has worked or can be credited with 40 qualifying quarters of work. Medicaid-eligible pregnant women and children are exempt from the five year bar;(ii) A refugee admitted to the United States under Section 207 of the Immigration and Nationality Act (INA);(iii) An asylee under Section 208 of the Immigration and Nationality Act (INA);(iv) Victims of a severe form of trafficking, as indicated in the Victims of Trafficking and Violence Protection Act of 2000);(v) A non-citizen whose deportation is withheld under Section 243(h) of the Immigration and Nationality Act (INA);(vi) A non-citizen from Cuba or Haiti who was admitted under Section 501(e) of the Refugee Education Assistance Act of 1980;(vii) A refugee who entered the U.S. before April 1, 1980, and was granted conditional entry;(viii) A non-citizen who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family who is residing in the same household as the non-citizen, but only after having resided in the United States for at least five calendar years from the date of entry or who has worked or can be credited with 40 qualifying quarters of work. The child of a battered non-citizen meeting these requirements is also eligible. Medicaid-eligible pregnant women and children are exempt from the five year bar;(C) Iraqi and Afghan aliens granted special immigrant status;(D) An Amerasian immigrant under Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as amended;(E) A non-citizen with past or current military involvement, defined as a non-citizen veteran who is on active duty, other than active duty for training, with any of the United States Armed Forces units or who has been honorably discharged and who has fulfilled minimum active-duty service requirements. Minimum active duty is defined as at least 24 months or the period for which the person was called to active duty. The spouse or unmarried dependent child of a non-citizen veteran as described in this paragraph is also eligible;(F) Certain American Indian tribe members born in Canada or outside the United States, or who are a member of an Indian tribe; or(G) A non-citizen who is paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act (INA), but only after having resided in the United States for at least five calendar years from the date of entry or who has worked or can be credited with 40 qualifying quarters of work.477 Neb. Admin. Code, ch. 5, § 002
Amended effective 3/13/2018Amended effective 7/29/2020