DCMR 29-9503 CITIZENSHIP OR SATISFACTORY IMMIGRATION STATUS

9503 CITIZENSHIP OR SATISFACTORY IMMIGRATION STATUS

An individual shall meet applicable citizenship or satisfactory immigration status requirements as a condition of Medicaid eligibility.

The following groups of individuals satisfy citizenship or satisfactory immigration status requirements:

A U.S. citizen or national as described in Subsection 9503.8, including children born to a non-citizen in the U.S;

Lawful Permanent Residents (LPRs) pursuant to the Immigration and Nationality Act (INA);

Refugees admitted under Section 207 of INA including Afghan and Iraqi Special Immigrants (SIV's) as permitted under Pub. L. 111-118;

Aliens granted Asylum under Section 208 of INA;

Cuban or Haitian entrants as defined in Section 501(e) of the Refugee Education Assistance Act of 1980;

Aliens granted conditional entry prior to April 1, 1980;

Aliens who have been paroled into the U.S. in accordance with 8 U.S.C. § 1182(d)(5) for less than one (1) year;

Certain battered spouses, battered children or parents, or children of a battered individual with a petition approved or pending under Section 204(a)(1)(A) or (B) or Section 244(a)(3) of the INA;

An individual who has been granted withholding of Deportation;

American entrants pursuant to Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 (as contained in Section 101(e) of Pub. L. 100-202 and amended by the 9th provision under Migration and Refugee Assistance in Title II of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1988, Pub. L. 100-461 as amended);

American Indians born outside the U.S. who were born in Canada and are at least fifty percent (50%) American Indian blood and to whom the provisions of Section 289 of the INA apply; and are members of a federally recognized tribe as defined in Section 4(e) of the Indian Self-Determination and Education Act; and

Lawfully residing aliens who are under the age of twenty-one (21) and pregnant women pursuant to Section 1903(v)(4) of the Social Security Act, including the following individuals who are:

Defined as qualified aliens in 8 U.S.C. Section 1641(b) and (c);

In a valid nonimmigrant status, as defined in 8 U.S.C. Section 1101(a)(15) or otherwise under the immigration laws (as defined in 8 U.S.C. Section 1101(a)(17))(includes worker visas, student visas, and citizens of Micronesia, the Marshall Islands, and Palau);

Paroled into the U.S. in accordance with 8 U.S.C. Section 1182(d)(5) for less than one (1) year, except for individuals paroled for prosecution, for deferred inspection or pending removal proceedings;

Granted temporary resident status in accordance with 8 U.S.C. Section 1160 or Section 1255a, respectively;

Granted Temporary Protected Status (TPS) in accordance with 8 U.S.C. § 1254a, and individuals with pending applications for TPS who have been granted employment authorization;

Granted employment authorization under 8 C.F.R Section 274a.12(c);

Family Unity beneficiaries in accordance with Section 301 of Pub. L. 101-649, as amended;

Under Deferred Enforced Departure (DED) in accordance with a decision made by the President;

Granted Deferred Action status;

Granted an administrative stay of removal under 8 C.F.R Section 241 (issued by the Department of Homeland Security);

The recipient of an approved visa petition or who has a pending application for adjustment to lawful permanent resident status;

The recipient of a pending application for asylum under 8 U.S.C. Section 1158, or for withholding of removal under 8 U.S.C. Section 1231, or under the Convention Against Torture who have been granted employment authorization; or are under the age of fourteen (14) and have had an application pending for at least one-hundred eighty (180) days;

Granted withholding of Deportation;

Children who have a pending application for Special Immigrant Juvenile status as described in 8 U.S.C. Section 1101(a)(27)(J);

Lawfully present in American Samoa under the immigration laws of American Samoa; or

Victims of severe trafficking in persons, in accordance with the Victims of Trafficking and Violence Protection Act of 2000, approved October 28, 2000 (Pub. L. 106-386, as amended; 22 U.S.C. Section 7105(b)).

Individuals with deferred action under the U.S. Department of Homeland Security’s Deferred Action for Childhood Arrivals (DACA) process, as described in the Secretary of Homeland Security’s June 15, 2012 memorandum, shall not meet citizenship or satisfactory immigration status requirements under Subsections 9503.2(c) through (l).

Unless exempt under 8 U.S.C. Section 1613(b), qualified aliens who are age nineteen (19) or older and entered the U.S. on or after August 22, 1996 shall be subject to a five (5) year period during which they are ineligible for full Medicaid.

The five (5) year period, described in 8 U.S.C. Section 1613, shall begin on the date the qualified alien entered the U.S., or the date a previously unqualified alien attained qualified alien status.

An alien who does not meet the citizenship or satisfactory immigration status requirements identified at Subsections 9503.1 through 9503.5 may be eligible to receive emergency services that are not related to an organ transplant procedure if:

The alien has a medical condition, including labor and delivery, manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:

Placing health in serious jeopardy;

Serious impairment to bodily functions; or

Serious dysfunction of a bodily organ or part.

The alien meets all other eligibility requirements for Medicaid except the requirements concerning furnishing social security numbers and verification of alien status; and

The alien's need for the emergency service continues.

The Department shall discontinue Emergency Medicaid for aliens described at Subsection 9503.6 once the alien’s medical condition has been stabilized.

An individual shall qualify as a U.S. citizen if the individual was born in the fifty (50) states or the District of Columbia, Puerto Rico, Gram, U.S. Virgin Islands or Northern Mariana Islands. Nationals from American Samoa or Swain’s Island are regarded as U.S. citizens for purposes of Medicaid eligibility. A child of a U.S. citizen born outside the U.S. may automatically be eligible for a Certificate of Citizenship.

SOURCE: Final Rulemaking published at 62 DCR 11142 (August 14, 2015).

District of Columbia Municipal Regulations

Public Welfare 29 DCMR § 9503