Current through Reg. 49, No. 38; September 20, 2024
In accordance with
RSA
435.406, to be eligible for the Medically
Needy Program, a person 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
§
RSA
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 person, 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 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).
