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deemed eligible on the basis of participation in other federal programs; and Part 40-05- 1 of this Title for elders and adults with disabilities who are subject to the Supplemental Security Income (SSI) method for determining financial eligibility for Community Medicaid and Medicaid long-term services and supports (LTSS). 3.3 Legal Authority A. This Part is promulgated pursuant to federal authorities as follows: 1. Federal Law: Title XIX of the U.S. Social Security Act, 42 U.S.C. § 1396a, §§ 1115, 1902(dd), and 1903(v)(4); Title XXI of the Social Security Act, 42 U.S.C. § 1396k; § 2107(e)(1)(j) and 2111 and § 1111 of the Children’s Health Insurance Program Reauthorization Act (CHIPRA) of 2009 (Pub. Law 111-3); §§ 401, 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) (Pub. Law 104-193); § 6036 of the Deficit Reduction Act of 2005 (Pub. Law 109-171); 2. Federal Regulations: 42 C.F.R. §§ 435.406, 435.945-949 and 440.250-255; 3. The Medicaid State Plan and the Title XIX, § 1115(a) Demonstration Waiver (11- W-00242/1), effective through December 31, 2018. B. Applicable State authority is derived from R.I. Gen. Laws Chapters 40-8; 40-8.4 to 40- 8.12; and 42-12.3. C. The Rules in this Part supersede Medicaid Code of Administrative Rules (MCAR), Section #0304, “Technical Eligibility Requirements”, unless otherwise indicated, pertaining to all Medicaid eligibility coverage groups and pathways. 3.4 Definitions A. As used herein, the following terms shall be construed as follows: 1. “CHIP state plan” means the State of Rhode Island’s State Plan identifying the eligibility categories and services authorized for federal financial participation under Title XIX of the Federal Social Security Act establishing the Children’s Health Insurance Program (CHIP). 2. “Immigrant” means a non-citizen who has been granted the right by the United States Citizenship and Immigration Service (USCIS) to reside permanently in the United States and to work without restrictions in the United States. Such a person is also known as a Lawful Permanent Resident (LPR). All immigrants are eventually issued a "green card" (USCIS Form I-551), which is the evidence of the non-citizen’s LPR status. 3. “Lawfully present” means the status of a non-citizen who has been granted permission to remain in the United States by the USCIS. This status includes