210 R.I. Code R. 210-RICR-10-00-3.4

Current through December 3, 2024
Section 210-RICR-10-00-3.4 - Definitions
A. As used herein, the following terms shall be construed as follows:
1. "CHIP state plan" means the State of Rhode Island's State Plan identifying the eligibility categories and services authorized for federal financial participation under Title XIX of the Federal Social Security Act establishing the Children's Health Insurance Program (CHIP).
2. "Immigrant" means a non-citizen who has been granted the right by the United States Citizenship and Immigration Service (USCIS) to reside permanently in the United States and to work without restrictions in the United States. Such a person is also known as a Lawful Permanent Resident (LPR). All immigrants are eventually issued a "green card" (USCIS Form I-551), which is the evidence of the non-citizen's LPR status.
3. "Lawfully present" means the status of a non-citizen who has been granted permission to remain in the United States by the USCIS. This status includes immigrant qualified non-citizens who would otherwise be eligible for Medicaid or CHIP coverage if were not for the Federal five (5) year bar and certain nonimmigrants with visas who have been granted permission to live and/or work in the U.S. for a specific purpose and/or on a time-limited basis.
4. "Lawfully residing" means the eligibility category established under the Children's Health Insurance Program Reauthorization Act (CHIPRA) of 2009 that gives States the option to provide coverage to a non-citizen children and pregnant women who are lawfully present and would otherwise be subject to the Federal five (5) year bar.
5. "Medicaid state plan" means State of Rhode Island's State Plan identifying the eligibility categories and services authorized for Federal financial participation under Title XIX of the Federal Social Security Act establishing the Medicaid program.
6. "National" means a person who owes his or her sole allegiance to the United States, including all U.S. citizens, and persons who were born in American Samoa or were born in the Commonwealth of the Northern Mariana Islands who have chosen to be U.S. nationals instead of U.S. citizens.
7. "Non-citizen" means a person who is not a U.S. citizen or national.
8. "Nonimmigrant" means a person who has been granted the right to reside temporarily in the United States for a specific purpose. Each nonimmigrant is admitted into the U.S. in the nonimmigrant status which corresponds to the type of visa issued. The type of visa issued determines whether the nonimmigrant is treated as qualified or non-qualified for Federal means-tested benefit eligibility purposes.
9. "Non-qualified non-citizen" means a nonimmigrant who is not eligible for Federal means tested benefits, an immigrant who is out-of-status, or a non-citizen who has entered the United States illegally or without proper documentation.
10. "Qualified" or "Non-qualified non-citizens" means the terms used in Federal immigration law to categorize immigrant and nonimmigrant non-citizens. The terms do not by themselves indicate whether an immigrant is eligible for benefits. "Qualified," "non-qualified" and undocumented non-citizens may be eligible for some forms of federally-funded benefits.
11. "United States (U.S.) citizens" means a person who is born in the United States, Puerto Rico, Guam or the U.S. Virgin Islands; or whose parent is a U.S. citizen; or who is a former non-citizen who has been naturalized as a U.S. citizen.

210 R.I. Code R. 210-RICR-10-00-3.4

Adopted effective 12/29/2022