Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 366 - MEDICAID ELIGIBILITY FOR WOMEN, CHILDREN, YOUTH, AND NEEDY FAMILIES
Subchapter B - PRESUMPTIVE MEDICAID FOR PREGNANT WOMEN PROGRAM
Division 2 - ELIGIBILITY REQUIREMENTS
Section 366.217 - Citizenship
Universal Citation: 1 TX Admin Code ยง 366.217
Current through Reg. 49, No. 38; September 20, 2024
(a) An applicant for the Presumptive Medicaid Program must attest to being a citizen or national of the United States or to having an eligible immigration status. Verification of citizenship or immigration status is not required.
(b) In accordance with RSA 435.406, to be eligible for the Presumptive Medicaid Program, an individual must be:
(1)
a citizen or national of the United States ;
(2) an alien who legally entered the United
States before August 22, 1996, and who meets the eligibility criteria in
RSA
1641 (b) or (c);
(3) an alien who legally entered the United
States on or after August 22, 1996, and who meets the eligibility criteria in
RSA
1612 (b) and §1613, except that a legal
permanent resident alien is eligible after residing in the United States for
five years only if the alien meets one of the following eligibility
requirements:
(A) the alien is an honorably
discharged veteran or active duty military personnel;
(B) the alien is a spouse, unmarried
surviving spouse, or minor unmarried child of an honorably discharged veteran
or active duty military personnel (if a surviving spouse of a deceased veteran
or active duty military individual , the surviving spouse must not have
remarried);
(C) the alien entered
the United States before August 22, 1996, and remained continuously present in
the United States (a single absence from the United States of more than 30 days
or a combined absence of more than 90 days interrupts the "continuous
presence") since at least August 21, 1996, until obtaining qualifying immigrant
status (an alien who entered the United States without proper documents or
overstayed his or her visa, is treated the same as an alien who entered and
remained in the United States with valid immigration documents);
(D) the alien entered the United States with
a status described in the Texas Works Handbook, Item A-342,
Chart C or Chart D and meets those eligibility criteria, or meets the criteria
in the Texas Works Handbook, Item A-343, How to Determine
Eligibility for Battered Aliens; or
(E) the alien meets the 40 qualifying
quarters requirements in the Texas Works Handbook, Item A-354,
Verifying 40 "Qualifying Quarters," and five years have passed since the
alien's legal date of entry; or
(4) an alien child 18 years of age or under
who meets the definition of a qualified alien at
RSA
1641 (b).
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