Page 1

Families and Children Manual Section: Non-Financial Eligibility Requirements Policy Manual Number: 005.015 Chapter: Qualified Non-Citizens

August 1, 2024

Division of TennCare 1 QUALIFIED NON-CITIZENS

Legal Authority: 42 CFR 435.139; 42 CFR 435.406; 42 CFR 440.255; 42 CFR 457.320; Tenn. Comp. R. & Regs. 1200-13-20

1. Policy Statement

Non-citizen eligibility for TennCare Medicaid and CoverKids is limited to certain immigration statuses. In order to be eligible, an individual must be either:

a. A qualified non-citizen, as defined by Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 at 8 USC 1641; b. An American Indian born outside of the U.S.; or c. A non-citizen who has been granted a certain humanitarian status.

Ineligible non-citizens are potentially eligible for Emergency Medical Services (EMS) only. Ineligible non-citizens are not required to provide information regarding citizenship, immigration status or enumeration when applying for EMS.

2. Qualified Non-Citizen

The PRWORA created two categories of non-citizens for the purpose of public assistance eligibility: qualified and non-qualified (ineligible) non-citizens. A non-citizen’s status is based on an individual’s date of entry into the U.S. and their immigration status with the United States Citizenship and Immigration Services (USCIS).

A qualified non-citizen is an individual who belongs to one of several non-citizen categories, each of which is tied to a specific section of the Immigration and Nationality Act (INA) at 8 USC. 1101, et seq. Qualified non-citizens are potentially eligible for full TennCare Medicaid and CoverKids benefits just like U.S. citizens. However, certain categories of qualified non-citizens have periods of program ineligibility or time limits placed on eligibility.

Qualified non-citizens are:

a. Non-citizens lawfully admitted for permanent residence, a Lawful Permanent Resident (LPR), as an immigrant as defined in the INA (8 USC 1101); b. Refugees admitted under Section 207 of the INA (8 USC 1157); c. Asylees granted asylum under Section 208 of the INA (8 USC 1158); d. Non-citizens paroled in the U.S. under Section 212(d)(5) of the INA (8 USC 1182(d)(5)) for a period of at least one year; e. Non-citizens whose deportation is withheld under the INA (8 USC 1253 or 8 USC 1231(b)(3), as amended); f. Battered immigrants and children who meet the conditions set forth in Section 431(c) of the PRWORA (8 USC 1641(c));