477 Neb. Admin. Code, ch. 5, § 003

Current through September 17, 2024

Section 477-5-003 - MEDICAID FOR CERTAIN CHILDREN AND PREGNANT WOMEN

A child or pregnant woman may be eligible if he or she is a Nebraska resident and is lawfully present in the United States. A child or pregnant woman is considered lawfully present if he or she is:

(A) A qualified non-citizen as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) (8 U.S.C. § 1641);

(B) A non-citizen in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission;

(C) A non-citizen who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1182(d)(5)) for less than one year, except for a non-citizen paroled for prosecution, deferred inspection, or pending removal proceedings;

(D) A non-citizen who belongs to one of the following classes:

(i) Non-citizens currently in temporary resident status, pursuant to section 210 or 245A of the Immigration and Nationality Act (INA) (8 U.S.C. §§ 1160 or 1255a, respectively);

(ii) Non-citizens currently under temporary protected status, pursuant to section 244 of the Immigration and Nationality Act (INA) (8 U.S.C. § 1254a) , and pending applicants for temporary protected status who have been granted employment authorization;

(iii) Non-citizens who have been granted employment authorization under 8 CFR 274 a.12(c)(9), (10), (16), (18), (20), (22), or (24);

(iv) Family Unity beneficiaries pursuant to section 301 of Pub.L. 101-649, as amended;

(v) Non-citizens currently under Deferred Enforced Departure (DED), pursuant to a decision made by the President;

(vi) Non-citizens currently in deferred action status, not including Deferred Action for Childhood Arrival (DACA); or

(vii) Non-citizens whose visa petition has been approved and who have a pending application for adjustment of status;

(E) A non-citizen who has a pending application for asylum under section 208(a) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1158) or for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days;

(F) A non-citizen who has been granted withholding of removal under the Convention Against Torture;

(G) A child who has a pending application for Special Immigrant Juvenile status, as escribed in section 101(a)(27)(J) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1101(a)(27)(J));

(H) A non-citizen who is lawfully present in the Commonwealth of the Northern Mariana Islands, under 48 U.S.C. § 1806(e); or

(I) A non-citizen who is lawfully present in American Samoa, under the immigration laws of American Samoa.

477 Neb. Admin. Code, ch. 5, § 003

Amended effective 3/13/2018

Amended effective 7/29/2020