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UPDATED: JUNE 2010

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OTHER ELIGIBILITY REQUIREMENTS CITZENSHIP AND IMMIGRATION STATUS QUALIFIED ALIENS

VICTIMS OF TRAFFICKING

4. Upstate WMS: Districts should use citizenship/alien code (ACI) “D”- Victim of Human Trafficking. 5. New York City WMS: Workers should use ACI code “R”- Person Admitted as a Refugee” for Victim of Human Trafficking. For purposes of Medicaid/Family Health Plus and/or Child Health Plus eligibility, victims of a severe form of trafficking, (holders of a T-visa/T- 1, and holders of T-2, T-3, T-4 and T-5 [“Derivative” T-visas]) who are the minor children, spouses and in some cases the parents and siblings of victims of severe forms of trafficking in persons, may receive Medicaid benefits to the same extent as refugees. Recipients of a “T” visa are eligible for employment authorization. “T” visa recipients also may, if eligible, adjust their status to that of lawful permanent resident after three years. Victims may also apply for other immigration benefits such as an “S” visa (See section on OTHER VISA STATUSES) or asylum.

New York State “Confirmed” Victims of Human Trafficking:

Effective November 1, 2007 human trafficking was established as a crime in New York State. Under the law, a process to “confirm” victims of human trafficking as a means of providing assistance to such victims was established. State “confirmed” human trafficking victims who are citizens or aliens with a satisfactory immigration status who are otherwise eligible, are eligible for Medicaid benefits and services to the same extent as any other citizen or alien with satisfactory immigration status.

State “confirmed” human trafficking victims who do not have a satisfactory immigration status who are otherwise eligible for Medicaid may receive coverage and care necessary for the treatment of an emergency medical condition. (See OTHER ELIGIBLITY REQUIREMENTS CITIZENSHIP AND IMMIGRATION STATUS UNDOCUMENTED/ILLEGAL ALIENS TREATMENT OF AN EMERGENCY MEDICAL CONDITION) When the State “confirmed” adult or minor victim is an alien without satisfactory immigration status, local districts must contact the Office of Temporary and Disability Assistance (OTDA), Bureau of Refugee and Immigration Affairs (BRIA) Anti-Trafficking Program Coordinator. BRIA will refer the victim to a specific regional case management agency and/or other local resources that may be able to assist the victim. (MRG)