Current through August, 2024
(a) The sponsor of
a non-citizen who executed an affidavit of support pursuant to section 213A of
the INA on or after December 19, 1997, shall have their assets and their
spouse's assets deemed as available to a non-citizen requesting medical
assistance.
(b) The assets 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 U.S. 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
assets of their sponsor and the sponsor's spouse as applicable shall disqualify
the non-citizen from receiving medical assistance.
(d) The assets 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 assets 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 assets plus
assets provided by other individuals, including the sponsor and the sponsor's
spouse, does not exceed one hundred per cent of the asset retention limit for
the non-citizen's household size;
(2) The department will only consider the
actual amount contributed by the sponsor and 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 who are non-citizens. The assets of the sponsor and the sponsor's
spouse described in subsection (a) shall not be deemed when the sponsor and the
sponsor's spouse are the batterer and the spouse of the batterer, and only for
the period the non-citizen is not residing in the residence of the batterer:
(1) This provision applies to:
(A) A non-citizen who was battered or
subjected to extreme cruelty in the U.S. by the non-citizen's spouse or 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 and
the spouse or the parent consented to 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
to 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 assets, or other assets provided by other individuals,
including the sponsor and the sponsor's spouse, does not exceed one hundred per
cent of the asset retention limit for the non-citizen's household size;
and
(3) After the twelve month
period ends, the department shall continue to exempt the batterer's assets 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
non-citizen's need for benefits.
