Or. Admin. R. 413-100-0460

Current through Register Vol. 63, No. 8, August 1, 2024

Section 413-100-0460 - Citizenship and Non-Citizens

(1) To be eligible for medical assistance under Child Welfare Title XIX Medicaid, the child or young adult must meet the requirements of one of the following subsections:

(a) Be a United States citizen.

(b) Be a qualified non-citizen under section (2) of this rule who meets the non-citizen status requirements in section (3) of this rule.

(c) Be a citizen of Puerto Rico, Guam, the Virgin Islands or Saipan, Tinian, Rota or Pagan of the Northern Mariana Islands.

(d) Be a national from American Samoa or Swains Islands.

(2) An individual is a qualified non-citizen if the individual is any of the following:

(a) A non-citizen who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (8 USC 1101 et seq.).

(b) A refugee who is admitted to the United States as a refugee under section 207 of the INA (8 USC 1157).

(c) A non-citizen who is granted asylum under section 208 of the INA (8 USC 1158).

(d) A non-citizen whose deportation is being withheld under section 243(h) of the INA (8 USC 1253(h)) (as in effect immediately before April 1, 1997) or section 241(b)(3) of the INA (8 USC 1231(b)(3)) (as amended by section 305(a) of division C of the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, 110 Stat. 3009-597 (1996)).

(e) A non-citizen who is paroled into the United States under section 212(d)(5) of the INA (8 USC 1182(d)(5)) for a period of at least one year.

(f) A non-citizen who is granted conditional entry pursuant to section 203(a)(7) of the INA (8 USC 1153(a)(7)) as in effect prior to April 1, 1980.

(g) A non-citizen who is a "Cuban and Haitian entrant" (as defined in section 501(3) of the Refugee Education Assistance Act of 1980).

(h) An Afghan or Iraqi individual granted Special Immigration Status (SIV) under section 101(a)(27) of the INA.

(i) A battered spouse or dependent child who meets the requirements of 8 USC 1641(C) and is in the United States on a conditional resident status, as determined by the U.S. Citizenship and Immigration Services.

(3) An individual meets the non-citizen status requirements if the individual satisfies one of the following:

(a) The individual is under 19 years of age.

(b) The individual was a qualified non-citizen before August 22, 1996.

(c) The individual physically entered the United States before August 22, 1996, and was continuously present in the United States between August 22, 1996, and the date qualified non-citizen status was obtained. An individual is not continuously present in the United States if the individual is absent from the United States for more than 30 consecutive days or a total of more than 90 days between August 22, 1996 and the date qualified non-citizen status was obtained.

(d) The individual has been granted any of the following qualified non-citizen statuses:

(A) Refugee under section 207 of the INA.

(B) Asylum under section 208 of the INA.

(C) Deportation being withheld under section 243(h) of the INA.

(D) Cubans and Haitians who are either public interest or humanitarian parolees.

(E) Immigration status under section 584(a) of the Foreign Operations, Export Financing and Related Program Appropriations Act of 1988.

(F) A "victim of a severe form of trafficking in persons" certified under the Victims of Trafficking and Violence Protection Act of 2000 (22 USC 7101 to 7112).

(G) A family member of a "victim of a severe form of trafficking in persons" who holds a visa for family members authorized by the Trafficking Victims Protection Reauthorization Act of 2003 (22 USC 7101 to 7112).

(H) An Iraqi or Afghan individual granted special immigrant status (SIV) under section 101(a)(27) of the INA.

(e) The individual is an American Indian born in Canada to whom the provisions of section 289 of the INA (8 USC 1359) apply.

(f) The individual is a member of an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Act (25 USC 450(e)).

(g) The individual is a veteran of the United States Armed Forces who was honorably discharged for reasons other than non-citizen status and who fulfilled the minimum active-duty service requirements described in 38 USC 5303A(d).

(h) The individual is a member of the United States Armed Forces on active duty (other than active duty for training).

(i) The individual is a spouse or a dependent child of an individual described in subsections (g) or (h) of this section.

(4) A non-citizen meets the qualified non-citizen status requirements if the individual is under the age of 19 and is one of the following:

(a) A citizen of a Compact of Free Association State (i.e., Federated States of Micronesia, Republic of the Marshall Islands, and the Republic of Palau) who has been admitted to the U.S. as a non-immigrant and is permitted by the Department of Homeland Security to reside permanently or indefinitely in the U.S.

(b) An individual described in 8 CFR section 103.12(a)(4) who belongs to one of the following classes of non-citizens permitted to remain in the United States because the U.S. Attorney General has decided for humanitarian or other public policy reasons not to initiate deportation or exclusion proceedings or enforce departure:

(A) An individual currently in temporary resident status pursuant to section 210 or 245A of the INA (8 USC 1160 and 1255a).

(B) An individual currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 USC 1229b).

(C) A Cuban-Haitian entrant, as defined in section 202(b) Pub. L. 99-603(8 USC 1255a), as amended.

(D) A Family Unity beneficiary pursuant to section 301 of Pub. L. 101-649(8 USC 1255a), as amended.

(E) An individual currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President of the United States;

(F) An individual currently in deferred action status pursuant to U.S. Department of Homeland Security Operating Instruction OI 242.1(a)(22).

(G) An individual who is the spouse or child of a United States citizen whose visa petition has been approved and who has a pending application for adjustment of status.

(c) An individual in non-immigrant classification under the INA who is permitted to remain in the United States for an indefinite period, including individuals as specified in section 101(a)(15) of the INA (8 USC 1101).

(5) In order for the Department to authorize benefits, there must be proof that a child or young adult is a United States citizen or is in the country legally. Birth certificates, citizenship papers, permanent resident registration cards, permanent visas, and Cuban and Refugee registration cards may be used as proof.

(6) An individual granted status under the Deferred Action for Childhood Arrivals (DACA) program is not eligible for medical assistance under Child Welfare Title XIX Medicaid unless the individual qualifies for an immigration status that provides medical eligibility under this rule apart from the individual's DACA status.

(7) A non-citizen whose immigration status cannot be verified at intake, but who declares a non-citizen status that in the absence of any contradictory evidence would qualify the non-citizen for full benefits, may be provided full benefits pending verification. There are no overpayments should the approved applicant's status, upon verification, prove to be at the Citizenship Waived Medical (CWM) level only.

Or. Admin. R. 413-100-0460

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 12-2004, f. & cert. ef. 7-1-04; CWP 16-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14; CWP 12-2014, f. & cert. ef. 6-12-14; CWP 4-2023, minor correction filed 05/05/2023, effective 5/5/2023

Statutory/Other Authority: ORS 418.005

Statutes/Other Implemented: ORS 418.005