Aliens Lawfully Admitted for Permanent Residence on or After August 22, 1996 510-05-35-65

(Revised 7/1/09 ML #3183)

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IM 5099

IM 5092

(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 qualified aliens.

  1. The following qualified aliens may be eligible at any time:

  1. Honorably discharged veterans, aliens on active duty in the United States’ armed forces, and the spouse or unmarried dependent child(ren) of such individuals;

  2. Refugees;

  3. Asylees who have been granted asylum (not applicants for asylum);

  4. Cuban and Haitian Entrants;

  5. Victims of a severe form of trafficking;

  6. Aliens whose deportation was withheld under Section 243(h) of the Immigration and Naturalization Act (INA);

  7. Aliens admitted as an Amerasion immigrant; and

  8. American Indians born in Canada as described in 510-05-35-50.  

  1. Iraqi and Afghan aliens and family members who claim special immigrant status, and can provide verification that they have been admitted under section 101(a)(27) of the INA, may be eligible for Medicaid for the first eight months after their entry into the United States.  

After the eight month period of initial entry, Iraqi and Afghan Special Immigrants and their families may only qualify for Medicaid coverage of emergency services until such time that they satisfy the 5-year ban and can be credited with forty qualifying quarters of social security coverage.

Iraqi and Afghan immigrants who are determined ineligible for Medicaid may be eligible for Refugee Medical Assistance (RMA) but only for coverage during the eight month period after entry.

  1. All other 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 social security coverage may be eligible for Medicaid.

  2. Qualifying quarters of social security coverage 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 social security coverage 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.

  1. When determining the number of qualifying quarters an individual has, count:

  1. All qualifying quarters the alien has due to work;

  2.  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

  3. 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.

  1. 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.