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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M02 January 2022 Subchapter Subject Page ending with Page M0220.000 CITIZENSHIP & ALIEN REQUIREMENTS M0220.410 16 M0220.410 EMERGENCY-SERVICES-ONLY QUALIFIED ALIENS WHO ENTERED U.S. ON OR AFTER 8-22-96
A. First 5 Years of Residence in U.S. During the first five years of residence in the U.S., four groups of qualified aliens (as defined in M0220.310 above) who entered the U.S. on or after 8-22- 96 are eligible for emergency Medicaid services only provided they meet all other Medicaid eligibility requirements. 1. Lawful Permanent Residents (LPRs) An LPR who enters the U.S. on or after 8-22-96 is an “emergency services” alien during the first 5 years the LPR is in the U.S., regardless of work quarters. Note: If the LPR had prior Refugee status, he may be considered to have Refugee status for the purposes of Medicaid eligibility. To determine former Refugee status of a Lawful Permanent Resident, check the coding on the I-551 for codes RE-6, RE-7, RE-8, or RE-9. Refer to M0220.313.A.1. 2. Conditional Entrants A qualified Conditional Entrant who enters the U.S. on or after 8-22-96 is an “emergency services” alien during the first 5 years the Conditional Entrant is in the U.S. 3. Parolees A qualified parolee who enters the U.S. on or after 8-22-96 is an “emergency services” alien during the first 5 years the parolee is in the U.S. 4. Battered Aliens A qualified battered alien who enters the U.S. on or after 8-22-96 is an “emergency services” alien during the first 5 years the battered alien is in the U.S. B. AFTER 5 Years of Residence in U.S. 1. Lawful Permanent Residents Without 40 Work Quarters For months prior to 4-1-21, Lawful Permanent Residents who DO NOT have at least 40 qualifying quarters of work remain emergency services aliens after residing in the U.S. for 5 years. Effective 4-1-21, Lawful Permanent Residents become full benefit aliens after 5 years of residing in the U.S. with no work requirement. 2. Conditional Entrants A qualified Conditional Entrant who enters the U.S. on or after 8-22-96 and has resided in the U.S. for at least 5 years is a full benefit alien. 3. Parolees A qualified parolee who enters the U.S. on or after 8-22-96 and has resided in the U.S. for at least 5 years is a full benefit alien. 4. Battered Aliens A qualified battered alien who enters the U.S. on or after 8-22-96 and has resided in the U.S. for at least 5 years is a full benefit alien.