Current through Register Vol. 63, No. 12, December 1, 2024
(1) To be
eligible for medical assistance under Child Welfare Title XIX Medicaid, the
child or young adult must meet the requirements of one of the following
subsections:
(a) Be a United States
citizen.
(b) Be a qualified
non-citizen under section (2) of this rule who meets the non-citizen status
requirements in section (3) of this rule.
(c) Be a citizen of Puerto Rico, Guam, the
Virgin Islands or Saipan, Tinian, Rota or Pagan of the Northern Mariana
Islands.
(d) Be a national from
American Samoa or Swains Islands.
(2) An individual is a qualified non-citizen
if the individual is any of the following:
(a)
A non-citizen who is lawfully admitted for permanent residence under the
Immigration and Nationality Act (INA) (8 USC 1101 et seq.).
(b) A refugee who is admitted to the United
States as a refugee under section 207 of the INA (8 USC 1157).
(c) A non-citizen who is granted asylum under
section 208 of the INA (8 USC
1158).
(d) A non-citizen whose deportation is being
withheld under section 243(h) of the INA (8 USC
1253(h)) (as in effect
immediately before April 1, 1997) or section 241(b)(3) of the INA
(8 USC
1231(b)(3)) (as amended by
section 305(a) of division C of the Omnibus Consolidated Appropriations Act of
1997, Pub. L. No.
104-208, 110 Stat. 3009-597 (1996)).
(e) A non-citizen who is paroled into the
United States under section 212(d)(5) of the INA (8 USC
1182(d)(5)) for a period of
at least one year.
(f) A
non-citizen who is granted conditional entry pursuant to section 203(a)(7) of
the INA (8 USC
1153(a)(7)) as in effect
prior to April 1, 1980.
(g) A
non-citizen who is a "Cuban and Haitian entrant" (as defined in section 501(3)
of the Refugee Education Assistance Act of 1980).
(h) An Afghan or Iraqi individual granted
Special Immigration Status (SIV) under section 101(a)(27) of the INA.
(i) A battered spouse or dependent child who
meets the requirements of 8
USC 1641(C) and is in the
United States on a conditional resident status, as determined by the U.S.
Citizenship and Immigration Services.
(3) An individual meets the non-citizen
status requirements if the individual satisfies one of the following:
(a) The individual is under 19 years of
age.
(b) The individual was a
qualified non-citizen before August 22, 1996.
(c) The individual physically entered the
United States before August 22, 1996, and was continuously present in the
United States between August 22, 1996, and the date qualified non-citizen
status was obtained. An individual is not continuously present in the United
States if the individual is absent from the United States for more than 30
consecutive days or a total of more than 90 days between August 22, 1996 and
the date qualified non-citizen status was obtained.
(d) The individual has been granted any of
the following qualified non-citizen statuses:
(A) Refugee under section 207 of the
INA.
(B) Asylum under section 208
of the INA.
(C) Deportation being
withheld under section 243(h) of the INA.
(D) Cubans and Haitians who are either public
interest or humanitarian parolees.
(E) Immigration status under section 584(a)
of the Foreign Operations, Export Financing and Related Program Appropriations
Act of 1988.
(F) A "victim of a
severe form of trafficking in persons" certified under the Victims of
Trafficking and Violence Protection Act of 2000 (22 USC 7101 to
7112).
(G) A family member of a "victim of a severe
form of trafficking in persons" who holds a visa for family members authorized
by the Trafficking Victims Protection Reauthorization Act of 2003
(22 USC
7101 to
7112).
(H) An Iraqi or Afghan individual granted
special immigrant status (SIV) under section 101(a)(27) of the INA.
(e) The individual is an American
Indian born in Canada to whom the provisions of section 289 of the INA
(8 USC
1359) apply.
(f) The individual is a member of an Indian
tribe, as defined in section 4(e) of the Indian Self-Determination and
Education Act (25 USC
450(e)).
(g) The individual is a veteran of the United
States Armed Forces who was honorably discharged for reasons other than
non-citizen status and who fulfilled the minimum active-duty service
requirements described in 38
USC 5303A(d).
(h) The individual is a member of the United
States Armed Forces on active duty (other than active duty for
training).
(i) The individual is a
spouse or a dependent child of an individual described in subsections (g) or
(h) of this section.
(4)
A non-citizen meets the qualified non-citizen status requirements if the
individual is under the age of 19 and is one of the following:
(a) A citizen of a Compact of Free
Association State (i.e., Federated States of Micronesia, Republic of the
Marshall Islands, and the Republic of Palau) who has been admitted to the U.S.
as a non-immigrant and is permitted by the Department of Homeland Security to
reside permanently or indefinitely in the U.S.
(b) An individual described in
8 CFR section
103.12(a)(4) who belongs to
one of the following classes of non-citizens permitted to remain in the United
States because the U.S. Attorney General has decided for humanitarian or other
public policy reasons not to initiate deportation or exclusion proceedings or
enforce departure:
(A) An individual
currently in temporary resident status pursuant to section 210 or 245A of the
INA (8 USC
1160 and
1255a).
(B) An individual currently under Temporary
Protected Status (TPS) pursuant to section 244 of the INA (8 USC
1229b).
(C) A Cuban-Haitian entrant, as defined in
section 202(b) Pub. L.
99-603(8 USC 1255a), as amended.
(D) A Family Unity beneficiary pursuant to
section
301 of
Pub. L.
101-649(8 USC 1255a), as amended.
(E) An individual currently under Deferred
Enforced Departure (DED) pursuant to a decision made by the President of the
United States;
(F) An individual
currently in deferred action status pursuant to U.S. Department of Homeland
Security Operating Instruction OI 242.1(a)(22).
(G) An individual who is the spouse or child
of a United States citizen whose visa petition has been approved and who has a
pending application for adjustment of status.
(c) An individual in non-immigrant
classification under the INA who is permitted to remain in the United States
for an indefinite period, including individuals as specified in section
101(a)(15) of the INA (8 USC
1101).
(5) In order for the Department to authorize
benefits, there must be proof that a child or young adult is a United States
citizen or is in the country legally. Birth certificates, citizenship papers,
permanent resident registration cards, permanent visas, and Cuban and Refugee
registration cards may be used as proof.
(6) An individual granted status under the
Deferred Action for Childhood Arrivals (DACA) program is not eligible for
medical assistance under Child Welfare Title XIX Medicaid unless the individual
qualifies for an immigration status that provides medical eligibility under
this rule apart from the individual's DACA status.
(7) A non-citizen whose immigration status
cannot be verified at intake, but who declares a non-citizen status that in the
absence of any contradictory evidence would qualify the non-citizen for full
benefits, may be provided full benefits pending verification. There are no
overpayments should the approved applicant's status, upon verification, prove
to be at the Citizenship Waived Medical (CWM) level only.
Statutory/Other Authority: ORS
418.005
Statutes/Other Implemented: ORS
418.005