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OTHER ELIGIBILITY REQUIREMENTS CITZENSHIP AND IMMIGRATION STATUS
“NON-IMMIGRANTS” NON-IMMIGRANTS ADMITTED ON A TEMPORARY BASIS
Description: TEMPORARY NON-IMMIGRANT: A temporary non-immigrant is an individual who has been allowed to enter the United States for a specific purpose and for a limited period of time. Examples include tourists, foreign students, and visitors on business or pleasure. For the purpose of Medicaid eligibility, non-immigrants may be eligible only for the treatment of an emergency medical condition.
Policy: Immigrants admitted on a temporary basis are “non-immigrants” and if otherwise eligible, are limited to Medicaid coverage for the care and services necessary for the treatment of an emergency medical condition.
References: SSL Sect 122
366(1)(b)
Dept. Reg. 360.3.2(j)
ADMs 04 ADM-07
92 ADM-10
88 ADM-47
88 ADM-22
88 ADM-4
GISs 09 MA/017 08 MA/015 08 MA/012 08MA/009 04 MA/016 04 MA/002 03 MA/005
Interpretation: Certain immigrants may be lawfully admitted to the United States temporarily for a specific purpose and for a specified period of time. Foreign students, visitors, tourists, some workers and diplomats are admitted but restricted due to the temporary nature of their admission status. Thus, although these individuals may be residing in the United States with the knowledge and permission of the USCIS, they are not qualified aliens.
Otherwise eligible non-immigrants who are admitted on a temporary basis and who require immediate medical care which is not otherwise available may receive MRG