Current through November, 2024
(a) The sponsor of
a non-citizen who executed an affidavit of support pursuant to section 213A of
the Immigration and Nationality Act on or after December 19, 1997, shall have
their income and their spouse's income deemed as available to a non-citizen
requesting medical assistance.
(b)
The income of a non-citizen's sponsor and the sponsor's spouse shall be deemed
available to the non-citizen until such time as the non-citizen:
(1) Achieves United States citizenship
through naturalization pursuant to chapter 2 of Title III of the INA;
or
(2) Has worked forty qualifying
quarters of coverage as defined under Title II of the Social Security Act or
can be credited with such qualifying quarters as provided under
8 U.S.C. §
1645. In the case of any such qualifying
quarter beginning after December 31, 1996, the non-citizen must not have
received any Federal means-tested public benefit during any such
period.
(c) The
non-citizen's failure to provide information and verification regarding the
income of their sponsor and the sponsor's spouse as applicable shall disqualify
the non-citizen from receiving medical assistance.
(d) The income of a non-citizen's sponsor and
the sponsor's spouse shall not be deemed available to a non-citizen for
coverage of emergency medical assistance as described in chapter
17-1723.1.
(e) Special provisions
shall apply in the case of an indigent non-citizen. The deeming of income in
subsection (a) shall not be applicable for a twelvemonth period from the date a
non-citizen is determined to be indigent.
(1)
The department may determine a non-citizen to be indigent when the non-citizen
is unable to obtain food and shelter because the non-citizen's own income plus
any cash, food, housing, or other assistance provided by other individuals,
including the sponsor and the sponsor's spouse does not exceed one hundred
thirty-three per cent of the federal poverty level for the non-citizen's
household size;
(2) The department
will only consider the actual amount contributed by the sponsor and the
sponsor's spouse for a twelve month period, which begins on the date of such
determination and ends twelve months after such date;
(3) Each period of indigence is renewable for
additional twelve month periods; and
(4) The department must notify the federal
Attorney General of each such determination, including the names of the sponsor
and the sponsored non-citizen involved.
(f) Special provisions for a battered spouse
and child. Non-deeming of income of the sponsor and the sponsor's spouse
described in subsection (a) if the sponsor and the sponsor's spouse are the
batterer and the spouse of the batterer, applies only for the period the
non-citizen is not residing in the same residence of the batterer not to exceed
twelve months.
(1) This provision applies to:
(A) A non-citizen who was battered or
subjected to extreme cruelty in the U.S. by a spouse or a parent, or by a
member of the spouse's or parent's family residing in the same residence as the
non-citizen and the spouse or parent consented to or acquiesced to such battery
or cruelty;
(B) A non-citizen whose
child was battered or subjected to extreme cruelty in the U.S. by the spouse or
parent of the non-citizen who did not actively participate in such battery or
cruelty or by a member of the spouse's or parent's family residing in the same
residence as the non-citizen when the spouse or parent consented or acquiesced
to such battery or cruelty; or
(C)
A non-citizen child who was residing with the parent who was battered or
subjected to extreme cruelty in the U.S. by that parent's spouse or by a member
of the spouse's family residing in the same residence as the parent and the
spouse consented to, or acquiesced in such battery or cruelty described in any
of the paragraphs under this subsection.
(2) The department shall determine whether
the battery or cruelty is substantially connected to the need for public
benefits which means that without the support of the batterer, the non-citizen
is unable to obtain food and shelter because the non-citizen's own income plus
any cash, food, housing, or assistance provided by other individuals including
the sponsor, does not exceed one hundred thirty-three per cent of the federal
poverty level for the non-citizen's household size.
(3) After the twelve month period ends, the
department shall continue to exempt the batterer's income when the battery or
cruelty is recognized in an order of a judge or administrative law judge or a
prior determination of the USCIS, and the department determines that such
battery or cruelty still has a substantial connection to the need for benefits.
