California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50302.2 - Limitations on Medi-Cal Benefits for Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Section
					 411 of the Personal Responsibility
					 and Work Opportunity Reconciliation Act of 1996 (8 USC section 1611),
					 and notwithstanding any other provision of this division, aliens who are not
					 qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act
					 (INA) (8 USC section
					 1101 et seq.), or aliens paroled into the
					 United States under Section
					 212(d)(5) of the
					 INA (8 USC section
					 1182(d)(5)), for less than
					 one year, are not eligible to receive the state-only funded long-term care
					 services described in subdivision (f) of Section
					 1 of Chapter 1441 of the Statutes
					 of 1988.
(b) A qualified alien is
					 an alien who, at the time he or she applies for, receives, or attempts to
					 receive a public benefit, is any of the following:
(1) An alien lawfully admitted for permanent
					 residence under the INA (8
					 USC section 1101 et seq.).
(2) An alien who is granted asylum under
					 Section 208 of the INA (8 USC section
					 1158).
(3) A refugee who is admitted to the United
					 States under Section
					 207 of the INA (8 USC section
					 1157).
(4) An alien who is paroled into the United
					 States under Section
					 212(d)(5) of the
					 INA (8 USC section
					 1182(d)(5)) for a period of
					 at least one year.
(5) An alien
					 whose deportation is being withheld under Section
					 243(h) of the INA
					 as in effect immediately before the effective date of Section
					 307 of Division C of
					 Public Law
					 104-208 or Section
					 241(b)(3) of the
					 Act (as amended by Section
					 305(a) of
					 Division C of Public Law
					 104-208).
(6) An alien who is granted conditional entry
					 pursuant to Section
					 203(a)(7) of the
					 INA as in effect prior to April 1, 1980. (See editorial note under
					 8 USC section
					 1101, "Effective Date of 1980
					 Amendment".)
(7) An alien who is a
					 Cuban and Haitian entrant (as defined in Section
					 501(e) of the
					 Refugee Education Assistance Act of 1980).
(8) An alien who meets all of the conditions
					 of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected
					 to extreme cruelty in the United States by a spouse or a parent, or by a member
					 of the spouse's or parent's family residing in the same household as the alien,
					 and the spouse or parent of the alien consented to, or acquiesced in, such
					 battery or cruelty.
(B) There is a
					 substantial connection between such battery or cruelty and the need for the
					 benefits to be provided.
(C) The
					 alien has been approved or has a petition pending which sets forth a prima
					 facie case for:
1. status as a spouse or child
					 of a United States citizen pursuant to clause (ii), (iii), or (iv) of Section
					 204(a)(1)(A) of
					 the INA (8 USC section
					 1154(a)(1)(A)),
2. classification pursuant to clause (ii) or
					 (iii) of Section
					 204(a)(1)(B) of
					 the INA (8 USC section
					 1154),
3. suspension of deportation and adjustment
					 of status pursuant to Section
					 244(a)(3) of the
					 INA (8 USC section
					 1254), as in effect prior to April 1,
					 1997,
4. status as a spouse or
					 child of a United States citizen pursuant to clause (i) of Section
					 204(a)(1)(A) of
					 the INA (8 USC section
					 1154(a)(1)(A)) or
					 classification pursuant to clause (i) of Section
					 204(a)(1)(B) of
					 the INA (8 USC section
					 1154(a)(1)(B)), or
5. Cancellation of removal pursuant to
					 Section 240 A(b)(2) of the
					 INA.
(D) For the period
					 for which benefits are sought, the individual responsible for the battery or
					 cruelty does not reside in the same household or family eligibility unit as the
					 individual subjected to the battery or cruelty.
(9) An alien who meets all of the conditions
					 of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been
					 battered or subjected to extreme cruelty in the United States by a spouse or a
					 parent of the alien (without the active participation of the alien in the
					 battery or cruelty), or by a member of the spouse's or parent's family residing
					 in the same household as the alien, and the spouse or parent consented or
					 acquiesced to such battery or cruelty.
(B) The alien did not actively participate in
					 such battery or cruelty.
(C) There
					 is a substantial connection between such battery or cruelty and the need for
					 the benefits to be provided.
(D)
					 The alien meets the requirements of subsection (b)(8)(C) above.
(E) For the period for which benefits are
					 sought, the individual responsible for the battery or cruelty does not reside
					 in the same household or family eligibility unit as the child subjected to the
					 battery or cruelty.
(10)
					 An alien child who meets all of the conditions of subparagraphs (A), (B), and
					 (C) below:
(A) The alien child resides in the
					 same household as a parent who has been battered or subjected to extreme
					 cruelty in the United States by that parent's spouse or by a member of the
					 spouse's family residing in the same household as the parent and the spouse
					 consented or acquiesced to such battery or cruelty.
(B) There is a substantial connection between
					 such battery or cruelty and the need for the benefits to be provided.
(C) The alien child meets the requirements of
					 subsection (b)(8)(C) above.