Ohio Administrative Code
Title 5160:1 - Eligibility
Chapter 5160:1-5 - Medicaid for Other Covered Groups
Section 5160:1-5-08 - Medicaid: state-funded medical assistance for non-citizen victims of trafficking
Universal Citation: OH Admin Code 5160:1-5-08
Current through all regulations passed and filed through September 16, 2024
(A) This rule describes the eligibility requirements for state-funded medical assistance for a non-citizen victim of a severe form of human trafficking.
(B) For purposes of this rule the following definitions apply unless otherwise stated.
(1) "Labor trafficking" means recruiting,
harboring, transporting, or obtaining of a person for labor or services through
the use of force, fraud, or intimidation for the purpose of involuntary
servitude, debt bondage, or slavery.
(2) "Severe form of human trafficking" means
sex trafficking or labor trafficking.
(3) "Sex trafficking" means recruiting,
harboring, transporting, or obtaining of a person for the purpose of a
commercial sex act where the commercial sex act is induced by force, fraud, or
intimidation, or the person being induced to perform such act is under eighteen
years of age.
(4) "T
non-immigration status" is also known as the T Visa and provides immigration
protection to victims of a severe form of human trafficking.
(C) Eligibility criteria.
(1) To be eligible for medical assistance,
the non-citizen victim of a severe form of human trafficking must:
(a) Have applied for, or be in the process of
preparing to file an application with the United States citizenship and
immigration services (USCIS) for, "T" non-immigration status;
and
(b) Be an Ohio resident as described in rule
5160:1-2-10 of the
Administrative Code; and
(c) Meet
the financial requirements described in paragraph (D) of this rule.
(2) An individual under this
program is not required to provide a social security number.
(D) Financial eligibility.
(1) To have eligibility under this program,
the individual must have countable monthly income at or below one hundred per
cent of the federal poverty level (FPL) as determined in accordance with rules
5160:1-3-03.1 and
5160:1-3-03.2 of the
Administrative Code. Only the individual's income is compared to the income
standard. The FPL is adjusted annually.
(2) The deeming provisions set forth in rules
5160:1-3-03.1 and
5160:1-3-03.3 of the
Administrative Code do not apply to the eligibility determination for a
noncitizen victim of a severe form of human trafficking.
(E) Resource eligibility. There is no resource limit for individuals described in this rule.
(F) Retroactive eligibility. Eligibility for retroactive coverage of medical assistance shall be determined in accordance with rule 5160:1-2-01 of the Administrative Code.
(G) County department of job and family services (CDJFS) responsibilities. The CDJFS shall:
(1) Verify the individual has applied
for, or is preparing to apply for, "T" nonimmigration status with the USCIS.
(a) The CDJFS must accept the following
documentation when the individual claims to have already applied for a "T"
non-immigration status:
(i) Form I-797,
"Notice of Action", issued by the USCIS; or
(ii) Completed Form I-914, "Application for T
Non-Immigration Status"; or
(iii)
Completed Form I-914, Supplement B, "Declaration of Law Enforcement Officer for
Victim of Trafficking in Persons"; or
(iv) Printouts of case status queries from
the USCIS website; or
(v) Other
correspondence from USCIS regarding applications, such as appointment
notices.
(b) When the
individual is preparing to file for "T" non-immigration status, the CDJFS
shall:
(i) Verify with a sworn written
statement that the individual is a victim of a severe form of human trafficking
and at least one item of additional credible evidence, including but not
limited to any of the following:
(a) Police,
government agency, or court records or files; or
(b) News articles; or
(c) Documentation from a social services
agency, domestic violence center, rape crisis center, or a legal, clinical, or
medical professional, or other professional to whom the individual has reported
the crime; or
(d) A written
statement from any other individual with knowledge of the circumstances that
provided the basis for the claim; or
(e) Physical evidence; or
(f) A written notice from the federal agency
of receipt of the visa application.
(ii) Determine whether the sworn
statement is credible when the individual is unable to provide any of the
additional evidence listed in this rule.
(2) Determine the individual does not qualify
for another category of medical assistance.
(H) Individual responsibilities. The individual shall:
(1) Cooperate with the CDJFS
to determine financial eligibility for medical assistance.
(2) Cooperate with the CDJFS to determine
non-financial eligibility for medical assistance.
(3)
Provide verification of any
third-party liability or coverage of medical expenses as defined in rule
5160:1-2-10 of the
Administrative Code.
(4) Cooperate
with the child support enforcement agency (CSEA) in establishing the paternity
of any medicaid eligible child and in obtaining medical support and payments as
described in rule
5160:1-2-10 of the
Administrative Code.
(5) Report
changes within ten days to the CDJFS in accordance with rule
5160:1-2-08 of the
Administrative Code. Changes include but are not limited to the following:
(a) Approval or denial of the application for
"T" non-immigration status.
(b)
Immigration status.
(c)
Contact
information.
(i)
Address; or
(ii)
Phone number;
or
(iii)
Email address.
(d) Marital status.
(e) Income.
(f) Pregnancy status.
(6) File a formal application for "T"
non-immigration status within one year of the application
date for medical assistance. When the individual
fails to file a formal application, eligibility for medical assistance will be
discontinued, unless it can be determined that during the year the
individual:
(a) Experienced a health crisis;
or
(b) Has been unable, after
reasonable attempts, to obtain the necessary information from a third party;
or
(c) Has other extenuating
circumstances that prevented the individual from completing his or her
application.
(I) There is not a limitation on the amount of time the individual can receive coverage under this medical assistance category, provided the individual continues to meet all relevant eligibility criteria.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
