Page 6

§17-1724.2-4.1 §§435.4, 435.601, 435.602, 435.603) (Imp: HRS §346-14; 26 C.F.R . §1.36B; 42 C.F.R. §§435.4, 435.601, 435.602, 435.603) §17-1724.2-4.1 Income of the sponsor of a non- citizen. (a) The sponsor of a non-citizen who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act (INA) on or after December 19, 1997, shall have their income and their spouse's income deemed as available to a non-citizen requesting medical assistance. For the purposes of this section: (1) "Sponsor" means an individual who is either required to execute or has executed an affidavit of support. (2) "Affidavit of support" means a document that an individual completes and signs to accept financial responsibility for another person, who may be, but is not required to be, a relative who is coming to the United States to live permanently. The person who completes and signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States. (b) The income of a non-citizen's sponsor and the sponsor's spouse shall be deemed available to the non-citizen until such time as the non-citizen: 1320 6 1 I (1) Achieves United States citizenship through naturalization pursuant to chapter 2 of Title III of the INA; or (2) Has worked forty qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with such qualifying quarters as provided under 8 U.S.C. §1645. In the case of any such qualifying quarter beginning after December 31, 1996, the non-citizen must not have received any Federal means-tested public benefit during any such period. 1724.2-6