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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 10 i) An alien admitted to the U.S. as an Amerasian immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988. j) Aliens who have been subjected to battery or extreme cruelty and who meet certain criteria, including an alien whose child has been battered or an alien child whose parent has been battered. k) An American Indian born in Canada who is at least one-half American Indian blood and to whom the provisions of §289 of the INA apply or who is a member of an Indian tribe under section 4(e) of the Indian Self-Determination and Education Assistance Act. l) Victims of trafficking under the Trafficking Victims Protection Act of 2000 including certain family members of victims of a severe form of trafficking. m) Iraqi and Afghan special immigrants under The Department of Defense Appropriations Act of 2010. These immigrants are treated in the same manner as refugees. 13 DE Reg. 1540 (06/01/10) 14310.1 Five Year Bar Unless specifically exempt, qualified aliens who enter the U.S. on or after August 22, 1996, are subject to a five-year bar from Medicaid. While subject to the five-year bar from full Medicaid, a qualified alien may be eligible for emergency services and labor and delivery only. 13 DE Reg. 1540 (06/01/10) 14310.2 Aliens Exempt from Five Year Bar The following qualified aliens are exempt from the five-year bar: · Refugees (§207 of INA) · Asylees (§208 of INA) · Aliens who have had deportation withheld under §243(h) or §241(b)(3) of the · INA · Honorably discharged veterans and aliens on active duty in the U.S. armed forces · and the spouse or unmarried dependent children of a veteran or active duty serviceman. · Cuban and Haitian entrants · Amerasians · An American Indian born in Canada, Mexico or who is a member of an Indian · tribe under section 4(e) of the Indian Self-Determination and Education Assistance Act · Victims of trafficking · Iraqi and Afghan special immigrants · Legal permanent residents (LPR) who first entered the U.S. under an exempt · category (such as refugee, asylee, Cuban/Haitian entrant) and later converted to LPR In addition, title IV-E Foster Children and Adoption Assistance children may be found eligible for Medicaid regardless of the date of entry provided the foster or adoptive parent of the child is also a qualified alien or a citizen. The IV-E agency is responsible for making that determination about the parent. If a IV-E payment is being made on behalf of the child, then the child is deemed eligible for Medicaid. 13 DE Reg. 1540 (06/01/10) 14310.3 Date of Entry before August 22, 1996 An alien who entered the U.S. before August 22, 1996, and obtained qualified alien status before that date, may be found eligible for full Medicaid benefits. An alien who entered the U.S. before August 22, 1996, but obtained qualified alien status on or after that date, is not subject to the five-year bar provided the alien remained continuously present in the U.S. from the latest date of entry prior