Page 17
(2) Escape the abuser or the community where the abuser lives, or to gain protection from the abuser; (3) Obtain health coverage due to a loss of income or a period of health insurance ineligibility suffered as a result of separation from the abuser; (4) Address health care issues or disabilities resulting from the abuse; b. In the absence of such a connection to Medicaid, the non-citizen may show that he or she does not have sufficient income or resources for food or shelter without the abuser’s financial support and, therefore, may be considered indigent. (1) To be considered indigent, the sum of all income including any cash or in-kind assistance must be at or below one hundred thirty percent (130%) of the FPL. (2) When determining whether a person is indigent, only the total amount of income and resources actually deemed to the non- citizen during a twelve (12) month period is counted. This is also the amount used when determining Medicaid eligibility for the non- citizen and any children and dependents. c. The State is required under Federal law to notify the USCIS with the name of the sponsor and the sponsored non-citizens receiving Medicaid under this Part. The sponsor must reimburse the State for any Medicaid payments paid for covered services during a waiver period, with the exception of payments for emergency services. d. A waiver related to abuse may be renewed if the non-citizen demonstrates the battery or cruelty has been recognized in the order of a judge or administrative law judge or a prior determination of the USCIS and the need for benefits remains the same; or the non-citizen requests a continuation of the waiver based on the indigent standard set forth in § 3.8(B)(1)(b) of this Part above. e. Accepted forms of proof of battery or cruelty at the time of the initial application for a waiver and, as appropriate, continuation of the waiver include, but are not limited to: (1) An approved USCIS petition; (2) Restraining order; (3) Third party affidavit,