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COMAR 10.09.24.05

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State of Maryland Medical Assistance Manual Revised July 2012

MA eligibility for aliens is based on whether the alien is a qualified or non-qualified alien and whether the alien most recently entered the United States before or after August 22, 1996 and has been continuously present since then. Qualified alien is a person who is not a U.S. citizen and is: o A lawful permanent U.S. resident; o A refugee; o An asylee; o An alien who has had deportation withheld under section 243(h) of the Immigration and Nationality Act (INA); o An alien granted parole for at least 1 year by INS; o An alien granted conditional entry under immigration law in effect before April 1, 1980; or o A honorably discharged veteran, an alien on active duty in the Armed Forces of the United States, or the spouse or unmarried dependent child of one of these persons. Qualified aliens, other than refugees and asylees, may qualify for full Medicaid benefits if they entered the United States before August 22, 1996. Qualified aliens who entered on or after August 22, 1996 must have resided in the United States as a qualified alien for five years in order to qualify for full Medicaid. Refugees and asylees do not need to meet this five year bar. Non-Qualified alien is an alien who is one of the following: o an alien who does not meet the definition of qualified alien; o an undocumented (illegal) alien; or o a qualified alien who entered the United States on or after August 22, 1996 and has resided in the United States as a qualified alien for less than five years. Non-qualified aliens are not eligible for full Medicaid benefits. They may qualify for Medicaid coverage of emergency medical services if they meet all other eligibility criteria. (a)Aliens Subject to the 5-Year Bar a. Qualified aliens who most recently entered the U.S. on or after August 22, 1996 and who are now in one of the immigration categories specified below (unless they were previously in an immigration category exempt from the 5 year bar, such as an asylee or refugee) are not eligible for federally funded Medical Assistance for a period of 5 continuous years from their: Most recent U.S. entry date, if the individual entered the United Status with the status of a qualified alien; or Effective date of qualified alien status approved by the Department of Homeland Security, if the individual did not enter the United States as a qualified alien (e.g., entered as a temporary visitor).