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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 9 c. a detention facility d. a wilderness camp under government control e. a halfway house under government control f. any penal facility The following individuals are not inmates of a public institution and may be eligible: 1. An individual who is voluntarily living in a public institution after his or her case has been adjudicated and other living arrangements are being made (such as transfer to a community residence). 2. An individual who is sent to a privately supported institution as an alternative to a detention or prison sentence. 3. Infants living with the inmate in the public institution. 4. Parolees. 5. Probationers. 6. Individuals living in a halfway house that is not under governmental control. 26 DE Reg. 212 (09/01/22) 14300 Citizenship and Alienage Medicaid must be provided to eligible citizens or nationals of the United States. An individual qualifies as a U.S. citizen if the person was born in the 50 states and District of Columbia, Puerto Rico, Guam, 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. Children of a U.S. citizen who are born outside the U.S. may automatically be eligible for a Certificate of Citizenship. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193) enacted on August 22, 1996, significantly changed Medicaid eligibility for individuals who are not citizens of the U. S. The legislation revised the categories of noncitizens who may be determined eligible for Medicaid. The legislation identifies noncitizens as qualified aliens or nonqualified aliens. Medicaid eligibility for aliens is based on whether the alien is a qualified or nonqualified alien. The term nonqualified alien also includes illegal aliens. All applicants, whether citizens or aliens, must meet the technical and financial eligibility criteria of a specific eligibility group such as SSI related group, AFDC related group, or poverty level related group. Not every alien, qualified or nonqualified, will be eligible for Medicaid or emergency services and labor and delivery only. 13 DE Reg. 1540 (06/01/10) 14 DE Reg. 1361 (06/01/11) 14310 Qualified Aliens A qualified alien is: a) An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA). b) A refugee who is admitted to the United States under §207 of the INA. c) An alien who is granted asylum under §208 of the INA. d) An alien whose deportation is being withheld under §243(h) of the INA or §241(b)(3) of the INA. e) An alien who is paroled into the United States under §212(d)(5) of the INA for a period of at least 1 year. f) An alien granted conditional entry pursuant to §203(a)(7) of the INA as in effect before April 1, 1980. g) 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. The discharge must not be due to alien status and the active duty status must not be for training. For example, the 2 weeks of active duty training usually required of members of the National Guard does not meet the definition of active duty. Hmong and other Highland Lao veterans who fought on behalf of the Armed Forces of the U.S. during the Vietnam conflict and who have lawfully been admitted for permanent residence are considered veterans. h) An alien granted status as a Cuban and Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980).