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

August 1, 2024

Division of TennCare 2 g. Cuban or Haitian entrants as defined in Section 501(e) of the Refugee Education Assistance Act of 1980; h. Non-citizens granted conditional entry under the INA (8 USC 1153(a)(7)) in effect before April 1, 1980; i. Non-citizens who are victims of a severe form of trafficking or who have been granted nonimmigrant status under Section 101(a)(15)(T) of the INA or who have a pending application that sets forth a prima facie case for such nonimmigrant status; j. Non-citizens who lawfully reside in the U.S. in accordance with the Compacts of Free Association (COFA) between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and k. Cuban or Haitian parolees admitted under 212(d)(5)(A) of the INA.

3. Other Eligible Immigration Statuses

The following immigration statuses are not statutorily defined as qualified non-citizens; however, these groups are generally treated like qualified non-citizens for eligibility purposes:

a. Non-citizens admitted as Amerasian immigrants under Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988; b. Non-citizens who are members of a federally recognized Indian tribe as defined in the Indian Self- Determination and Education Assistance Act (25 USC 450(b)(e)); c. Non-citizens who are American Indians born in Canada to whom the INA (8 USC 1359) applies; d. Afghan non-citizens granted Special Immigrant Status under Section 602(b) of the Afghan Allies Protection Act of 2009 as described in the INA (8 USC 1101(a)(27)); e. Iraqi non-citizens granted Special Immigration Status under the National Defense Authorization Act for Fiscal Year 2008 as described in the INA (8 USC 1101(a)(27)); and f. Ukrainian non-citizens who have been paroled into the United States as Ukrainian Humanitarian Parolees under Section 401 of the Additional Ukraine Supplemental Appropriations Act, 2022.

4. Ineligible Non-Citizens

Ineligible non-citizens are not eligible to receive full TennCare Medicaid or CoverKids benefits, but may be eligible to receive EMS.

Ineligible non-citizens include:

a. Undocumented Non-Citizens: Undocumented non-citizens are individuals who enter and reside in the U.S. without notification of or proper permission from the U.S. government.

b. Lawfully Present Non-Citizens: Lawfully present non-citizens are a specific group of non- citizens who are eligible to receive health insurance coverage through the Federally Facilitated Marketplace (FFM), but who are unable to receive TennCare Medicaid or CoverKids benefits. Lawfully present non-citizens include: