Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 28 - Division of County Operations › Rule 016.28.21-001 - Medical Services Policy Sections D-210 and D-224

Current through Register Vol. 49, No. 6, June, 2024
D-200
General Citizenship and Alien
			 Status Requirements
D-210
Citizenship
MS Manual 03/02/2021 48 U.S.C. 1806e
Consider any person born in the United States to be a citizen.
				People born abroad are considered U.S. citizens when at least one of the
				parents is a U.S. citizen. Also, consider a person who is a U.S. national the
				same as a U.S. citizen. A U.S. national is a person who is born in one of the
				U.S. territories. The U.S. territories include:
* Puerto Rico
* Guam
* The Virgin Islands
* The Northern Mariana Islands
* American Samoa
* The Swains Island
People who are not citizens or nationals can become citizens
				through the process of naturalization.
Citizenship must be verified for all Medicaid applicants
				declaring to be U.S. citizens or nationals. Refer to MS G-130 for verification
				requirement.
D-224
Aliens Exempt from Five-Year Bar
MS Manual 03/02/2021 431 of PRWORA
Aliens with the following statuses are potentially eligible for
				Medicaid from the date the status is obtained:
*
Refugees
admitted under section 207 of the
				Immigration and Nationality Act (INA).
*
Iraqi and Afghan Special Immigrants
admitted as
				lawfully permanent residents but treated as refugees.
* Aliens granted
asylum
under section 208 of the
				INA.
* Aliens lawfully living in United States in accordance with
				the
Compacts of Free Association
. This only applies to:
				Governments of the Federated States of Micronesia, the Republic of the Marshall
				Islands, and the Republic of Palau (116HR133SA-RCP-116-68).
* Aliens whose
deportation or removal is withheld
under section 243(h) or section 241(b) (3) of the INA.
*
Cuban
or
Haitian
entrants under
				section 501(e) of the Refugee Education Assistance Act of 1980.
*
Cuban
or
Haitian
entrants in the
				Haitian Family Reunification Program.
*
Amerasian
immigrants.
*
Canadian born American Indians
who have treaty
				rights to cross the U.S. borders with Canada and Mexico.
* Aliens lawfully living in the United States on 8/22/96 who
				were receiving AABD Medicaid at that time may continue to receive Medicaid
				benefits. This applies only to AABD categories.
* Aliens lawfully living in the United States on 8/22/96 who
				subsequently become blind or disabled may receive Medicaid benefits in the
				future.
* Aliens lawfully admitted for permanent residence who are
veterans
honorably discharged for reasons other than alienage, and
				their spouses, surviving un-remarried spouses, and unmarried dependent
				children. This includes alien spouses, surviving unremarried spouses, and
				unmarried dependent children of veterans who are U.S. citizens or deceased
				veterans.
* Aliens lawfully admitted for permanent residence who are
active-duty personnel of the United States Armed Forces
and their
				spouses, surviving un-remarried spouses, and unmarried dependent children. This
				includes alien spouses, surviving unremarried spouses, and unmarried dependent
				children of active duty personnel who are U.S. citizens or deceased active duty
				personnel. Active duty excludes temporary full-time duty for training purposes
				performed by members of the National Guard or Reserves.
* Pregnant Women and Children who are lawfully present. This
				includes but is not limited to pregnant women and children in the following
				statuses:
1) A qualified alien as
			 defined in
			 8
			 U.S.C. 1641(b) and (c)
2) An alien in a valid
			 non-immigration status, as defined in
			 8
			 U.S.C. 1101(a)(15) or
			 otherwise under the immigration laws as defined in
			 8
			 U.S.C. 1101(a)
			 (17);
3) An alien who has been paroled into the
			 United States in accordance with
			 8 U.S.C.
			 1182(d)(5) for less than 1
			 year, except for an individual paroled for prosecution, for deferred inspection
			 or pending removal proceedings;
4)
			 An alien who belongs to one of the following classes:
* Granted temporary resident status in accordance with
				8 U.S.C.
				1160 or
				1255a,
				respectively;
* Granted Temporary Protected Status (TPS) in accordance with
				8 U.S.C.
				1254a, and individuals with pending
				application for TPS who have been granted employment authorization;
* Granted employment authorization under 8 CFR 274a.
				12c;
* Family Unity beneficiaries in accordance with section 301 of
				Pub. L. 101649, as amended;
* Under Deferred Enforced Departure (DED) in accordance with a
				decision made by the President;
* Granted Deferred Action status;
* Granted an administrative stay of removal under 8 C.F.R.
				241;
* Beneficiary of approved visa petition who has a pending
				application for adjustment of status;
5) An alien with a pending application for
			 asylum under
			 8 U.S.C.
			 1158, or for withholding of removal under
			 8 U.S.C.
			 1231, or under the Convention Against Torture
			 who:
* Has been granted employment authorization; or
* Is under the age of 14 and has had an application pending for
				at least 180 days;
6) An
			 alien who has been granted withholding of removal under the Convention Against
			 Torture;
7) A child who has a
			 pending application for Special Immigration Juvenile status as described in
			 8
			 U.S.C.
			 1101(a)(27)(J);
8) Is lawfully present in the Commonwealth of
			 the Northern Mariana Islands under
			 48 U.S.C.
			 1806(e); or
9) Is lawfully present in American Samoa
			 under the immigration laws of American Samoa.
EXCEPTION:
An alien with deferred action under the
				USDHS's deferred action for childhood arrivals process, as described in the
				Secretary of Homeland Security's June 15, 2012 memorandum, shall not be
				considered lawfully present with respect to any of the above categories.
NOTE:
Documentation that is required to verify
				lawfully residing status is found at Appendix C.