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130 CMR: DIVISION OF MEDICAL ASSISTANCE

Trans. by E.L. 240 Rev. 08/19/22 MASSHEALTH CITIZENSHIP AND IMMIGRATION Chapter 518 Page 518.003 (1 of 4)

518.003: Immigrants

(A) Lawfully Present Immigrants. Qualified noncitizens, qualified noncitizens barred, and nonqualified individuals lawfully present are considered lawfully present immigrants. The applicable coverage types for qualified noncitizens, qualified noncitizens barred, and nonqualified individuals lawfully present are listed at 130 CMR 518.006. (1) Qualified Noncitizens. There are two types of qualified noncitizens: (a) those who are qualified regardless of when they entered the U.S. or how long they have had a qualified status. Such individuals are 1. persons granted asylum under section 208 of the INA; 2. Refugees admitted under section 207 of the INA; 3. persons whose deportation has been withheld under section 243(h) or 241(b)(3) of the INA, as provided by section 5562 of the federal Balanced Budget Act of 1997; 4. veterans, their spouses, and their children; a. veterans of the United States Armed Forces with an honorable discharge not related to their noncitizen status; b. Filipino war veterans who fought under U.S. command during WWII; c. Hmong and Highland Lao veterans who are admitted for legal permanent residence (LPR) and who fought under U.S. command during the Vietnam War; d. persons with noncitizen status on active duty in the U.S. Armed Forces, other than active duty for training; or e. the spouse, unremarried surviving spouse, or unmarried dependent children of the noncitizen described in 130 CMR 518.003(A)(1)(a)4.a. through d.; 5. Conditional Entrants under section 203(a)(7) of the INA in effect before April 1, 1980; 6. persons who entered as Cuban/Haitian entrants under section 501(e) of the Refugee Education Assistance Act of 1980; 7. Native Americans with at least 50% American Indian blood who were born in Canada pursuant to section 289 of the INA or other tribal members born in territories outside of the U.S. pursuant to 25 U.S.C. § 450b(e), under Medicaid; 8. Amerasians as described in section 402(a)(2)(A)(i)(V) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); 9. Victims of severe forms of trafficking, and spouse, child, sibling, or parent of the victim in accordance with the Victims of Trafficking and Violence Protection Act of 2000 (Pub. L. 106-386);