Washington Administrative Code
Title 182 - Health Care Authority
WASHINGTON APPLE HEALTH
Chapter 182-503 - Persons eligible for medical assistance
Section 182-503-0535 - Washington apple health-Citizenship and immigration status
Universal Citation: WA Admin Code 182-503-0535
Current through Register Vol. 24-18, September 15, 2024
(1) Definitions.
(a)
Nonqualified alien means someone who is lawfully present in the
United States (U.S.) but who is not a qualified alien, a U.S. citizen, a U.S.
national, or a qualifying American Indian born abroad.
(b)
Qualified alien means
someone who is lawfully present in the United States and who is one or more of
the following:
(i) A person lawfully admitted
for permanent residence (LPR).
(ii)
An abused spouse or child, a parent of an abused child, or a child of an abused
spouse who no longer resides with the person who committed the abuse, and who
has one of the following:
(A) A pending or
approved I-130 petition or application to immigrate as an immediate relative of
a U.S. citizen or as the spouse of an unmarried LPR younger than 21 years of
age.
(B) Proof of a pending
application for suspension of deportation or cancellation of removal under the
Violence Against Women Act (VAWA).
(C) A notice of prima facie approval of a
pending self-petition under VAWA. An abused spouse's petition covers his or her
child if the child is younger than 21 years of age. In that case, the child
retains qualified alien status even after he or she turns 21 years of
age.
(iii) A person who
has been granted parole into the U.S. for one year or more, under the
Immigration and Nationality Act (INA) Section 212 (d)(5), including public
interest parolees.
(iv) A member of
a Hmong or Highland Laotian tribe that rendered military assistance to the U.S.
between August 5, 1964, and May 7, 1975, including the spouse, unremarried
widow or widower, and unmarried dependent child of the tribal member.
(v) A person who was admitted into the U.S.
as a conditional entrant under INA Section 203 (a)(7) before April 1,
1980.
(vi) A person admitted to the
U.S. as a refugee under INA Section 207.
(vii) A person who has been granted asylum
under INA Section 208.
(viii) A
person granted withholding of deportation or removal under INA Section 243(h)
or 241 (b)(3).
(ix) A Cuban or
Haitian national who was paroled into the U.S. or given other special
status.
(x) An Amerasian child of a
U.S. citizen under 8 C.F.R.
Section 204.4(a).
(xi) A person from Iraq or Afghanistan who
has been granted one of the following:
(A)
Special immigrant status under INA Section 101 (a)(27);
(B) Special immigrant conditional permanent
resident; or
(C) Parole under
Section 602 (b)(1) of the Afghan Allies Protection Act of 2009 or Section
1059(a) of the National Defense Authorization Act of 2006.
(xii) An Afghan who, under Section 2502 of
the Extending Government Funding and Delivering Emergency Assistance Act of
2021, is evaluated as a qualified alien until March 31, 2023, or the end of
their parole term, whichever is later, when granted parole:
(A) Between July 31, 2021, and September 30,
2023; or
(B) After September 30,
2022, and is:
(I) Their spouse or child;
or
(II) The parent or guardian of
an unaccompanied minor described under this subsection.
(xiii) A citizen or national of
Ukraine (or a person who last habitually resided in Ukraine) who, under section
401 of the Additional Ukraine Supplemental Appropriations Act, 2022 (AUSAA), is
evaluated as a qualified alien until the end of their parole term when:
(A) Granted parole into the United States
between February 24, 2022, and September 30, 2023; or
(B) Granted parole into the United States
after September 30, 2023, and is:
(I) The
spouse or child of a person described in (b)(xiii)(A) of this subsection;
or
(II) The parent, legal guardian,
or primary caregiver of a person described in (b)(xiii)(A) of this subsection
who is determined to be an unaccompanied child under section 462 (g)(2) of the
Homeland Security Act of 2002 or section 412 (d)(2)(B) of the Immigration and
Nationality Act.
(xiv) A person who has been certified or
approved as a victim of trafficking by the federal office of refugee
resettlement, or who is:
(A) The spouse or
child of a trafficking victim of any age; or
(B) The parent or minor sibling of a
trafficking victim who is younger than 21 years of age.
(xv) A person from the Federated States of
Micronesia, the Republic of Palau, or the Republic of the Marshall Islands
living in the United States in accordance with the Compacts of Free
Association.
(c)
U.S. citizen means someone who is a United States citizen under
federal law.
(d)
U.S.
national means someone who is a United States national under federal
law.
(e)
Undocumented
person means someone who is not lawfully present in the U.S.
(f)
Qualifying American Indian born
abroad means someone who:
(i) Was born
in Canada and has at least 50 percent American Indian blood, regardless of
tribal membership; or
(ii) Was born
outside of the United States and is a member of a federally recognized tribe or
an Alaska Native enrolled by the Secretary of the Interior under the Alaska
Native Claims Settlement Act.
(2) Eligibility.
(a) A U.S. citizen, U.S. national or
qualifying American Indian born abroad may be eligible for:
(i) Apple health for adults;
(ii) Apple health for kids;
(iii) Apple health for pregnant women;
or
(iv) Classic medicaid.
(b) A qualified alien who meets or
is exempt from the five-year bar may be eligible for:
(i) Apple health for adults;
(ii) Apple health for kids;
(iii) Apple health for pregnant women;
or
(iv) Classic medicaid.
(c) A qualified alien who neither
meets nor is exempt from the five-year bar may be eligible for:
(i) Alien medical programs;
(ii) Apple health for kids;
(iii) Apple health for pregnant women;
or
(iv) Medical care
services.
(d) A
nonqualified alien may be eligible for:
(i)
Alien medical programs;
(ii) Apple
health for kids;
(iii) Apple health
for pregnant women; or
(iv) Medical
care services.
(e) An
undocumented person may be eligible for:
(i)
Alien medical programs;
(ii)
State-only funded apple health for kids; or
(iii) State-only funded apple health for
pregnant women.
(3) The five-year bar.
(a) A qualified alien meets the five-year bar
if he or she:
(i) Continuously resided in the
U.S. for five years or more from the date he or she became a qualified alien;
or
(ii) Entered the U.S. before
August 22, 1996, and:
(A) Became a qualified
alien before August 22, 1996; or
(B) Became a qualified alien on or after
August 22, 1996, and has continuously resided in the U.S. between the date of
entry into the U.S. and the date he or she became a qualified alien.
(b) A qualified alien
is exempt from the five-year bar if he or she is:
(i) A qualified alien as defined in
subsection (1)(b)(vi) through (xv) of this section;
(ii) An LPR, parolee, or abused person, who
is also an armed services member or veteran, or a family member of an armed
services member or veteran, as described below:
(A) An active-duty member of the U.S.
military, other than active-duty for training;
(B) An honorably discharged U.S.
veteran;
(C) A veteran of the
military forces of the Philippines who served before July 1, 1946, as described
in Title 38 U.S.C. Section
107; or
(D) The spouse, unremarried widow or widower,
or unmarried dependent child of an honorably discharged U.S. veteran or
active-duty member of the U.S. military.
Disclaimer: These regulations may not be the most recent version. Washington 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.
