218 R.I. Code R. 218-RICR-20-00-6.3

Current through November 7, 2024

Section 218-RICR-20-00-6.3 - Definitions

A. For the purposes of this administrative Rule, the following definitions apply unless otherwise noted:

1. "Agency" means the Department of Human Services (DHS), including any Board, Commission or Officer of the Department.

2. "Asylees" means individuals who, on their own, travel to the United States, apply for and receive a grant of asylum. These individuals do not enter the United States as refugees. They may enter as students, tourists, business people, or without papers. Once they are in the United States, or at a land border or port of entry, they apply for asylum, a status that will acknowledge that they meet the definition of a refugee and allow them to remain in the United States. Asylees are eligible for State assistance and services once USCIS has granted asylum. Applicants for asylum are not eligible.

3. "Certain Amerasians (from Vietnam)" means aliens born in Vietnam after January 1, 1962 and before January 1, 1976, if the alien was fathered by a United States citizen. Immigrant visas are issued to Amerasians under § 101(e) Publ. Law 100-202 (Act of 12/22/1987), as well as to their spouses, children, parents or guardians if they accompany the Amerasian to the United States. Specifically referred to herein are certain Amerasians from Vietnam who are admitted to the United States as immigrants pursuant to § 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 as amended by 8 U.S.C. § 1101.

4. "Cuban and Haitian entrants" means:

a. Any individual granted parole status as a Cuban or Haitian Entrant (Status Pending), or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the current status of the individual at the time of application for Refugee Medical Assistance; and

b. Any other national of Cuba or Haiti who:

(1) Was paroled into the United States and has not acquired any other status under the INA;

(2) Is the subject of exclusion or deportation proceedings under the INA; or

(3) Has an application for asylum pending; and

(4) With respect to whom a final, non appealable, and legally enforceable order of deportation or exclusion has not been entered.

5. "Department of Human Services (DHS)" means the State agency that provides a full continuum of services for families, adults, children, elders, individuals with disabilities and veterans.

6. "Executive Office of Health and Human Services (EOHHS)" means the State agency that is designated under Title XIX of the United States Social Security Act (42 U.S.C. 1396a § 1902), to be legally responsible for the programmatic oversight, fiscal management, and administration of the Medicaid program.

7. "General Public Assistance (GPA)" means a State program for adults age eighteen (18) and over who have very limited income and resources and have an illness or medical condition that keeps them from working.

8. "Lawful Permanent Residents (LPR)" means green card holders. This applies to RAP-Social Service recipients, who would be in the country past twelve (12) months from the date of arrival.

9. "Medical Assistance Program also known as Medicaid (MA)" means a Federal and State funded program that pays for medical and health related services for eligible applicants/recipients.

10. "Refugees" means any person who is outside his/her country of such person's nationality; or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

11. "Refugee Cash Assistance (RCA)" means cash assistance provided to refugees who are ineligible for the regular category programs and who have resided in the United States for less than twelve (12) months from their initial entry into the United States. All categorical relatedness is waived for the RCA program. However, applicants must meet all other eligibility requirements including, but not limited to, financial and residency requirements and, in addition, the RCA employment and social services requirements.

12. "Rhode Island Works Program (RIW)" means the agency program offers temporary cash assistance, child care assistance and assistance in finding employment or job training to needy families.

13. "Special Immigrant Visa (SIV) Holders from Iraq and Afghanistan" means:

a. Afghani and Iraqi aliens who are granted Special Immigrant Status under § 101(a)(27) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1101). Individuals and family members granted this SI Status are eligible for entitlement programs, including Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA), and refugee social services the same as refugees admitted under § 207 of the INA.

b. For Iraqi/Afghan immigrants who acquire SI Status while already in the United States, the date of eligibility for RCA/RMA (their "entry" date) is the date of grant of SI Status. Until an Iraqi/Afghan in parole or some other non-Immigrant Status becomes an SI with documentation of this Status, he/she is not eligible for RCA/RMA.

14. "Supplemental Security Income (SSI)" means a Federal income program designed to help aged, blind and disabled individuals who have little or no income and few resources. The program provides cash to meet basic needs for food, clothing and shelter.

218 R.I. Code R. 218-RICR-20-00-6.3

Amended effective 8/5/2022