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COMAR 10.09.24.05

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State of Maryland Medical Assistance Manual Revised July 2012

(b)Undocumented Aliens An undocumented (illegal) alien is an alien not lawfully residing in the U.S. for either a permanent or temporary purpose. This group includes persons who entered the U.S. illegally, regardless of the means by which the alien arrived (e.g., border crossing by boat, train, car, bus, and airplane or by foot). Undocumented aliens also include aliens who were legally admitted for a limited period of time and did not leave the U.S. when the approved period expired. 500. 6 Emergency Medical Service or Medical X02 (a)X-Track- Coverage State Only Emergency Medical Service (X02) Certain aliens who are not eligible of MA or MCHP benefits in a full federal category of XO2 Applicants who meet the citizenship/alien requirements for full federal coverage should not be determined eligible in the X- track, such as:

1. Naturalized citizens. 2. Qualified aliens who entered the United States on or after August 22, 1996 and have lived continuously in the U.S. for at least 5 years as a qualified alien. 3. Qualified aliens with an immigration status that is not subject to the 5 year bar, such as asylees, refugees, and victims of trafficking. 4. Qualified aliens who most recently entered the U.S. for a continuous stay before August 22, 1996, even if they entered as an undocumented or ineligible Aliens

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 prohibits eligibility of certain legal aliens for federal benefit programs until the individual lives in the U.S. for at least 5 years as a qualified legal alien if the individual entered the U.S. on or after August 22, 1996. (b) Emergency Medical Services for Undocumented or Ineligible Aliens X02 A non qualified alien may be eligible for federal coverage of treatment for an emergency medical condition only. An undocumented or ineligible alien may qualify for X02 if the individual fails to meet the citizenship/alien requirements but otherwise qualifies for a community coverage group with full federal benefits under COMAR 10.09.24 (MA) or COMAR 10.09.11 (MCHP) except for coverage groups P13 or P14. The individual must meet all of the financial and technical requirements for MA or MCHP eligibility except the technical requirements related to citizenship/alien status and Social Security Number (SSN). NOTE: The CM may not require that an alien applying for emergency medical services only coverage group X02 declare or provide verification of immigration status. Also, the applicant may not be required either to provide SSN or apply for an SSN. However, if information already exists in the record about the applicant’s immigration status and/or SSN, the CM must use that information when determining eligibility. The CM may not require that information be provided