(Revised 01/03 ML #2833)
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(N.D.A.C. Section 75-02-02.1-18)
Aliens who entered the United States for permanent residence on or after August 22, 1996, and who meet all other Medicaid criteria may be eligible for Medicaid as described in this section. These individuals are considered qualified aliens.
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Qualified aliens who are honorably discharged veterans and aliens on active duty in the United States’ armed forces and the spouse or unmarried dependent child(ren) of such individuals may be eligible at any time.
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Qualified aliens who are refugees and Asylees may be eligible for seven years from the date they entered the United States. After the seven year period, continued eligibility, other than emergency services, will depend on whether the individual has been credited with forty qualifying quarters of work.
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Qualified aliens whose deportation was withheld under Section 243(h) of the Immigration and Naturalization Act (INA) may be eligible for seven years from the date they were granted withholding. After the seven-year period, continued eligibility, other than emergency services, will depend on whether the individual has been credited with forty qualifying quarters of work.
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All other qualified aliens are banned from Medicaid, except for emergency services, for five years from the date they entered the United States. After the five-year ban, aliens who are lawful permanent residents who can be credited with forty qualifying quarters of work may be eligible for Medicaid.
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Qualifying quarters of work are determined following Social Security standards. Qualifying quarters determined by Social Security can be obtained using the Third Party Query (TPQY) information system. Earnings of some federal civilian employees hired before 1984, earnings of employees of some state and local governments, and certain agricultural and domestic earnings are not calculated by Social Security. These earnings count in establishing qualifying quarters of work and must be determined using the same process used by Social Security. If an alien claims to have work history that may qualify, but that the TPQY does not support, gather the information regarding the amount of earnings by quarter and contact the Medicaid Eligibility unit for further assistance.
- When determining the number of qualifying quarters an individual has, count:
- All qualifying quarters the alien has due to work;
- All qualifying quarters worked by the alien’s spouse during their marriage, if the alien remains married to such spouse or the spouse is deceased; and
- All qualifying quarters worked by a natural, adoptive, or stepparent of such alien while the alien was under age 18. Qualifying quarters of an adoptive parent count from the quarter of the adoption. Qualifying quarters of a stepparent count from the quarter of marriage to the alien’s parent.
- Do not count qualifying quarters for any quarter in which TANF, Food Stamp, Medicaid, or SSI benefits were received (including benefits received in another state), or from any parent whose parental rights have been terminated.
