Section 435.406 Citizenship and alienage.

\ slb \ SERVICE LAW BOOKS MENU \ 42 CFR \ 42 CFR PART 435 -- ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA \ Section 435.406 Citizenship and alienage.
Previous Document Next Document

(a) The agency must provide Medicaid to otherwise eligible residents of the United States who are--

(1) Citizens; or

(2) Aliens lawfully admitted for permanent residence or permanently residing in the United States under color of law as defined in § 435.408 of this part;

(3) Aliens granted lawful temporary resident status under §§ 245A and 210A of the Immigration and Nationality Act if the individual is aged, blind, or disabled as defined in § 1614(a)(1) of the Act, under 18 years of age, or a Cuban/Haitian entrant as defined in § 501(e)(1) and (2)(A) of Public Law 96-422; or

(4) Aliens granted lawful temporary resident status under § 210 of the Immigration and Nationality Act unless the alien would, but for the 5-year bar to receipt of AFDC contained in such section, be eligible for AFDC.

(b) The agency must only provide emergency services (as defined for purposes of § 1916(a)(2)(D) of the Social Security Act), and services for pregnant women as defined in § 1916(a)(2)(B) of the Social Security Act to otherwise eligible residents of the United States not described in paragraph (a)(3) and (a)(4) of this section who have been granted lawful temporary or lawful permanent resident status under §§ 245A , 210 or 210A of the Immigration and Nationality Act for five years from the date lawful temporary resident status was granted.

(c) The agency must provide payment for the services described in § 440.255(c) of this chapter to residents of the State who otherwise meet the eligibility requirements of the State plan (except for receipt of AFDC, SSI, or State Supplementary payments and the presentation of a social security number) but who do not meet the requirements of paragraphs (a) and (b) of this section.

(d) The limitations on eligibility set forth in paragraph (b) of this section do not apply after 5 years from the date an alien was granted lawful temporary resident status under sections 245A, 210 and 210A of the INA.

[55 FR 36819, Sept. 7, 1990; 56 FR 10807, Mar. 14, 1991]