110 INDIVIDUALS ASSISTED UNDER THE PROGRAM

110.1 To be eligible for the Children’s Basic Health Plan, an eligible person shall: A. 1. Be less than 19 years of age; or 2. Be a pregnant woman B. Fall into one of the following categories: 1. Be a citizen or national of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, or Swain's Island; or 2. Be a lawfully admitted non-citizen who entered the United States prior to August 22, 1996, or 3. Be a non-citizen who entered the United States on or after August 22, 1996 and is applying for Medical Assistance who falls into one of the following categories: a. Lawfully admitted for permanent residence under the U.S. Immigration and Nationality Act (hereafter referred to as the “INA”); or b. Paroled into the United States for at least one year under 8 U.S.C § 1182(d)(5); or c. Granted conditional entry under Section 203(a)(7) of the INA, as in effect prior to April 1, 1980; or d. determined by the Eligibility site, in accordance with guidelines issued by the U.S. Attorney General, to be a spouse, child, parent of a child, or child of a parent who, in circumstances specifically described in 8 U.S.C. §1641(c), has been battered or subjected to extreme cruelty which necessitates the provision of Medical Assistance (Children’s Basic Health Plan); or 4. Be a non-citizen who arrived in the United States on any date, who falls into one of the following categories: a. Lawfully residing in Colorado and is an honorably discharged military veteran; or 1. A spouse of such military veteran; or 2. An unremarried surviving spouse of such military veteran; or 3. An unmarried dependent child of such military veteran.7 b. Lawfully residing in Colorado and is on active duty in the United States Armed Forces, excluding military training; or 1. A spouse of such individual; or 2. An unremarried surviving spouse of such individual; or 3. An unmarried dependent child of such individual. c. Granted asylum under Section 208 of the INA; or d. Refugee under Section 207 of the INA; or e. An individual with deportation withheld: 1. Under Section 243(h) of the INA, as in effect prior to September 30, 1996; or 2. Under Section 241(b)(3), as amended by P.L. 104- 208 of the INA. f. A Cuban or Haitian entrant, as defined under Section 501(e) of the U.S. Refugee Education Assistance Act of 1980; or g. An individual who: 1. Was born in Canada and possesses at least 50 percent American Indian blood; or 2. Is a member of an Indian tribe, as defined in 25 U.S.C. Section 450(b)e. h. Admitted into the United States as an Amerasian immigrant under Section 584 of the U.S. Foreign Operations, Export Financing, and Related Programs Appropriation Act of 1988, as amended by P.L. 100-461; or i. A lawfully admitted, permanent resident, who is a Hmong or Highland Lao veteran of the Vietnam conflict; or j. An alien who was admitted in the United States on or after December 26, 2007 who is an Iraqi Special Immigrant under section 101(a)(27) of the INA; or k. An alien who was admitted in the United States on or after December 26,2007 who is an Afghan Special Immigrant under section 101(a)(27) of the INA; and 5. Be a lawfully admitted non-citizen in the United States who falls into one of the categories: a. granted temporary resident status in accordance with section 8 U.S.C. 1160 or 1255a; or b. granted Temporary Protected Status (TPS) in accordance with section 8 U.S.C 1254a and pending applicants for TPS granted employment authorization; c. granted employment authorization under section 8 CFR 274a.12(c);or d. Family Unity beneficiary in accordance with section 301 of Pub. L. 101-649, as amended. e. Deferred Enforced Departure (DED), pursuant to a decision made by the President f. Granted Deferred Action status (excluding Deferred Action for Childhood Arrivals (DACA)) as described in the Secretary of Homeland Security’s June 15,2012 memorandum; g. Granted an administrative stay of removal under section 8 CFR 241; or h. Beneficiary of approved visa petition who has a pending application for adjustment of status. i. Pending an application for asylum under section 8 U.S.C. 1158, or for withholding of removal under section 8 U.S.C. 1231, or under the Convention Against Torture who- 1. as been granted employment authorization; or 2. Is under the age of 14 and has had an application pending for at least 180 days. j. Granted withholding of removal under the Convention Against Torture; k. Citizens of Micronesia, the Marshall Islands, and Palau; or l. Is lawfully present American Samoa under the immigration of laws of American Samoa. m. A non-citizen in a valid nonimmigrant status, as defined in section 8 U.S.C. 1101(a)(15) or under section 8 U.S.C. 1101(a)(17); or n. A non-citizen who has been paroled into the United States for less than one year under section U.S.C. 1182(d)(5), except for an individual paroled for prosecution, for deferred inspection or pending removal proceedings; or o. A child who has a pending application for Special Immigrant Juvenile status under 8 U.S.C 1101(a)(27)(J). p. Exception: Persons who are under the age of 19, whose 19th birthday occurred in the current month, who are pregnant, or who are within 12 months of the beginning of their postpartum period, and who meet the criteria for one of the specific Child Basic Health Plan Programs, but who are not citizens or qualified non-citizens according to the criteria set forth in 110.1.B, shall receive Medical Assistance benefits for programs included under the CRS 25.5-8-109. 1. The rules on confidentiality indicated under CRS § 24- 74-103 prevent the Department or eligibility site from reporting to the USCIS persons who have applied for or are receiving assistance. C. For determinations of eligibility for the Children’s Basic Health Plan, legal immigration status must be verified. This requirement applies to a non- citizen individual who meets the criteria of any category defined at 110.1.B and has declared that he or she has a legal immigration status. 1. The Verify Lawful Presence (VLP) interface will be used to verify immigration status as required in 10 CCR 2505-10-8.100.3.G.2 2. If the state cannot verify immigration status the individual will receive a Reasonable Opportunity Period as required in 10 CCR 2505-10-8.100.3.H.9 3. This requirement does not apply to the following groups: a. Individuals applying for Child Healthcare Plan covered by Cover All Coloradans detailed in Sections 8.100.3.g.viii and 110.1.B.5.p D. Be a resident of Colorado; and residence shall be retained until abandoned. A person temporarily absent from the state, inside or outside the United States, retains Colorado residence. Temporarily absent means that at the time he/she leaves, the person intends to return. E. Have a household income greater than 142% but not exceeding 260% of the Federal Poverty Level, adjusted for household size for children under the age of 19; or F. Have a household income greater than 195% but not exceeding 260% of the Federal Poverty Level, adjusted for household size for pregnant women. G. Failure to complete an application or to provide required documentation in Section 130 will result in the denial of the incomplete application or individual applicant (s).