Medical Assistance Section 0304 Technical Eligibility Requirements

Regulation Authority:

RIGL 40-6; Title XIX of the Social Security Act

Purpose and Reason:

Rule-making to Section 0304 incorporates the indigent immigrant exemption as codified at 8 USC 1631(e) and 421(e) of PRWORA into the Medical Assistance program. Amendments revise language to allow self-declaration of indigence by an LPR immigrant whose sponsor executed an I-864 Affidavit, but the sponsored immigrant "would, in the absence of the assistance provided by the agency, be unable to obtain food and shelter, taking into account the non-citizen’s own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor." Provisions allow for the income and resources that the sponsor and his or her spouse actually provide, if any, to the immigrant to be considered for the 12-month period beginning on the date such exemption determination is made. Amendments include guidance to comply with section 421(e)(2) of PRWORA, the agency must notify the US Citizenship and Immigration Services (USCIS) of each such determination, and provide the names of the sponsor and the sponsored LPR(s) involved. Technical amendments have been made to Section 0330 (0330.35.60) to remove references to “alien” and replace with “non-citizen”, update references to policy sections and update referenced Department forms.