Page 9

Aged, Blind, and Disabled Policy Manual Number: 100.015 Section: Non-Financial Eligibility Requirements Chapter: ABD Qualified Non-Citizens August 1, 2024 Division of TennCare 9 8. Battered Immigrants and Children a. Battered Immigrant Defined Certain immigrants who have been subjected to battery or extreme cruelty in the U.S. by a family member with whom they reside are qualified non-citizens and are potentially eligible for TennCare Medicaid and CoverKids. The non-citizen must be either: i. The individual battered; or ii. The parent of a child who is battered; or iii. A child whose parent has been battered. A family member includes a spouse, parent, or member of the spouse or parent’s family residing in the same household. If admitted to the U.S. on or after August 22, 1996, a battered immigrant and/or child is subject to the five-year period of ineligibility for TennCare Medicaid and CoverKids benefits. The five-year period of ineligibility begins on the date she obtains qualified non-citizen status. b. Eligibility Conditions In order to be considered as a qualified non-citizen and become potentially eligible for TennCare Medicaid (subject to five-year bar) or CoverKids (subject to five-year bar), a battered immigrant must meet all of the requirements provided below. i. The immigrant has been approved or has a pending petition which sets forth a prima facie case for: 1. Immigrant status as a battered spouse or child of a U.S. citizen or LPR (Form I-360); 2. Immediate Relative status (Form I-130); 3. Cancellation of removal pursuant to 8 U.S.C. 1229b(b)(2); or 4. Suspension of deportation and adjustment to LPR status; ii. The immigrant must show that there is a substantial connection between such battery or cruelty and the need for benefits; and iii. The immigrant must no longer be residing in the same household as the abuser. Battered immigrants may be granted good cause for non-cooperation with child support when cooperation requires the involvement of the abuser. 9. American Indians An Indian born in Canada who is at least one-half American Indian blood may enter and reside lawfully in the U.S., but this does not extend to the spouse or child of the Indian unless the child or spouse is also at least one-half American Indian. An Indian meeting the above criteria may be eligible for full TennCare Medicaid coverage if all other eligibility requirements are met.