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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 9

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.

The following documents may be used to verify an Indian is at least one-half American Indian blood: i. Birth or baptismal certificate issued on reservation; ii. Tribal record; iii. Letter from the Canadian Department of Indian Affairs; or iv. School records.