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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 14 11. A pending applicant for asylum under section 208(a) of the INA or for withholding of removal under section 241(b)(3) of the INA or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days. 12. An alien who has been granted withholding of removal under the Convention Against Torture. 13. A child who has a pending application for Special Immigrant Juvenile status as described in section 101(a)(27)(J) of the INA. 14. An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e). 15. An alien who is lawfully present in American Samoa under the immigration laws of American Samoa. 13 DE Reg. 1540 (06/01/10) 14 DE Reg. 654 (01/01/11) 14360 State Funded Benefits In State Fiscal Year 1998, (SFY 98), the Delaware legislature appropriated state only funds to provide coverage of full Medicaid benefits to certain legally residing noncitizens who are ineligible for full Medicaid benefits because of PRWORA. This did not include long term care services. Coverage for these aliens was subject to the availability of state funding. Effective July 1, 2011, state funded benefits are no longer available for these certain legally residing noncitizens. These aliens may be found eligible for emergency services and labor and delivery only. 13 DE Reg. 1540 (06/01/10) 14 DE Reg. 1361 (06/01/11) 14370 Coverage of Emergency Services and Labor and Delivery Only Emergency services must be rendered in an acute care hospital emergency room or in an acute care inpatient hospital. Labor and delivery only services must be rendered in an acute care hospital emergency room, an acute care inpatient hospital, or a birthing center. The DMAP defines an emergency as: · a sudden serious medical situation that is life threatening; or · a severe acute illness or accidental injury that demands immediate medical attention or surgical attention; and · without the treatment a person's life could be threatened or he or she could suffer serious long lasting disability. Medically necessary physician (surgeon, pathologist, anesthesiologist, emergency room physician, internist, etc.) or midwife services rendered during an emergency service that meets the above criteria are covered. Ancillary services (lab, x-ray, pharmacy, etc.) rendered during an emergency service that meets the above criteria are also covered. Emergency ambulance services to transport these individuals to and from the services defined above are also covered. Services not covered for aliens who are determined to be eligible for emergency services and labor and delivery only include but are not limited to: · any service delivered in a setting other than an acute care hospital emergency room or an acute care inpatient hospital. Exception: labor and delivery services may be rendered in a birthing center. · any service (such as pharmacy, transportation, office visit, lab or x-ray, home health) that precedes or is subsequent to a covered emergency service. Exception: ambulance transportation that is directly related to the emergency is covered. · organ transplants · long term care or rehabilitation care · routine prenatal and post partum care 13 DE Reg. 1540 (06/01/10) 15 DE Reg. 1023 (01/01/12)