Iowa Administrative Code › Agency 441 - Human Services Department › Title VIII - Medical Assistance › Chapter 75 - Conditions of Eligibility › Rule 441-75.11 - Citizenship or Alienage Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
"Care and services necessary for the treatment of an
				  emergency medical condition"
means services provided in a hospital,
				  clinic, office or other facility that is equipped to furnish the required care
				  for an emergency medical condition, provided the care and services are not
				  related to an organ transplant procedure furnished on or after August 10, 1993.
				  Payment for emergency medical services shall be limited to the day treatment is
				  initiated for the emergency medical condition and the following two
				  days.
"Emergency medical condition"
means a
				  medical condition of sudden onset (including labor and delivery) manifesting
				  itself by acute symptoms of sufficient severity (including severe pain) that
				  the absence of immediate medical attention could reasonably be expected to
				  result in one or more of the following:
1. Placing the patient's health in serious
				jeopardy.
2. Serious impairment to
				bodily functions.
3. Serious
				dysfunction of any bodily organ or part.
"Federal means-tested program"
means all
				  federal programs that are means-tested with the exception of:
1. Medical assistance for care and services
				necessary for the treatment of an emergency medical condition not related to an
				organ transplant procedure furnished on or after August 10, 1993.
2. Short-term, non-cash, in-kind emergency
				disaster relief.
3. Assistance or
				benefits under the National School Lunch Act.
4. Assistance or benefits under the Child
				Nutrition Act of 1966.
5. Public
				health assistance (not including any assistance under Title XIX of the Social
				Security Act) for immunizations with respect to immunizable diseases and for
				testing and treatment of symptoms of communicable diseases whether or not the
				symptoms are caused by a communicable disease.
6. Payments of foster care and adoption
				assistance under Parts B and E of Title IV of the Social Security Act for a
				parent or a child who would, in the absence of numbered paragraph "1," be
				eligible to have payments made on the child's behalf under such part, but only
				if the foster or adoptive parent (or parents) of the child is a qualified alien
				(as defined in Section 431).
7.
				Programs, services, or assistance (such as soup kitchens, crisis counseling and
				intervention, and short-term shelter) specified by the attorney general of the
				United States in the attorney general's sole and unreviewable discretion after
				consultation with appropriate federal agencies and departments, that:
* Deliver in-kind services at the community level, including
				  through public or private nonprofit agencies;
* Do not condition the provision of assistance, the amount of
				  assistance provided, or the cost of assistance provided on the individual
				  recipient's income or resources; and
* Are necessary for the protection of life or safety.
8. Programs of student assistance
				under Titles IV, V, IX, and X of the Higher Education Act of 1965, and Titles
				III, VII, and VIII of the Public Health Services Act.
9. Means-tested programs under the Elementary
				and Secondary Education Act of 1965.
10. Benefits under the Head Start
				Act.
11. Benefits funded through an
				employment and training program of the U. S. Department of Labor.
"Qualified alien"
means an alien:
1. Who is lawfully admitted for permanent
				residence in the United States under the Immigration and Nationality Act
				(INA);
2. Who is granted asylum in
				the United States under Section 208 of the INA;
3. Who is a refugee admitted to the United
				States under Section 207 of the INA;
4. Who is paroled into the United States
				under Section 212(d)(5) of the INA for a period of at least one year;
5. Whose deportation from the United States
				is withheld under Section 243(h) of the INA as in effect before April 1, 1997,
				or under Section 241(b)(3) of the INA as amended to December 20,
				2010;
6. Who is granted conditional
				entry to the United States pursuant to Section 203(a)(7) of the INA as in
				effect before April 1, 1980;
7. Who
				is an Amerasian admitted to the United States as described in
				8
				U.S.C. Section
				1612(b)(2)(A)(i)(V);
8. Who is a Cuban/Haitian entrant to the
				United States as described in
				8
				U.S.C. Section
				1641(b)(7);
9. Who is a battered alien as described in
				8
				U.S.C. Section
				1641(c);
10. Who is certified as a victim of
				trafficking as described in Section 107(b)(1)(A) of
				Public Law
				106-386 as amended to December 20, 2010;
11. Who is an American Indian born in Canada
				to whom Section 289 of the INA applies or is a member of a federally recognized
				Indian Tribe as defined in
				25
				U.S.C. Section 450b(e);
				or
12. Who is under the age of 21
				and is lawfully residing in the United States as allowed by
				42 U.S.C. Section
				1396b(v)(4)(A)(ii).
"Qualifying quarters"
includes all of the
				  qualifying quarters of coverage as defined under Title II of the Social
				  Security Act worked by a parent of an alien while the alien was under age 18
				  and all of the qualifying quarters worked by a spouse of the alien during their
				  marriage if the alien remains married to the spouse or the spouse is deceased.
				  No qualifying quarter of coverage that is creditable under Title II of the
				  Social Security Act for any period beginning after December 31,1996, may be
				  credited to an alien if the parent or spouse of the alien received any federal
				  means-tested public benefit during the period for which the qualifying quarter
				  is so credited.