GENERAL POLICY PROVISIONS
§ 150.1. General policy for MA citizenship and alienage.
(a) An applicant for MA shall declare in writing, under penalty of perjury, that the applicant is a citizen or a national of the United States or an alien in satisfactory immigration status as defined in § 150.2 (relating to definitions), and submit supporting verification as specified in § 150.31 (relating to verification of alien status). An applicant who is unable to meet the declaration requirements in this subsection may be eligible to receive MA under subsection (c).
(b) The MA citizenship and alienage requirements for the applicable MA Program are met if a person is:
(1) A citizen of the United States including a child born to an alien in the United States.
(2) An alien lawfully admitted for permanent residence in the United States, including an American Indian born in Canada who has at least 1/2 Native American blood and has maintained a residence in the United States since entering the United States.
(3) An alien who is PRUCOL. These aliens include:
(i) Aliens admitted to the United States under section 203(a)(7) of the INA (8 U.S.C.A. § 1153(a)(7)) (See 42 CFR 435.408(b)(1) (relating to categories of aliens who are permanently residing in the United States under color of law)).
(ii) Aliens, including Cuban/Haitian entrants, paroled in the United States under section 212(d)(5) of the INA (8 U.S.C.A. § 1182(d)(5)) (See 42 CFR 435.408(b)(2)).
(iii) Aliens residing in the United States under an indefinite stay of deportation (See 42 CFR 435.408(b)(3)).
(iv) Aliens residing in the United States under an indefinite voluntary departure (See 42 CFR 435.408(b)(4)).
(v) Aliens on whose behalf an immediate relative petition has been approved and their families covered by the petition who are entitled to voluntary departure under 8 CFR 242.5(a)(2)(vi) (relating to voluntary departure prior to commencement of hearing) and whose departure INS does not contemplate enforcing (See 42 CFR 435.408(b)(5)).
(vi) Aliens who have filed applications for adjustment of status under section 245 of the INA (8 U.S.C.A. § 1255) that the INS has accepted as ‘‘properly filed’’ within the meaning of 8 CFR 245.2(a)(1) or (2) (relating to application) and whose departure the INS does not contemplate enforcing (See 42 CFR 435.408(b)(6)).
(vii) Aliens granted stays of deportation by court order, statute or regulation, or by individual determination by the INS under section 106 of the INA (8 U.S.C.A. § 1105a) or relevant INS instructions, whose departure that agency does not contemplate enforcing (See 42 CFR 435.408(b)(7)).
(viii) Aliens granted asylum under section 208 of the INA (8 U.S.C.A. § 1158) (See 42 CFR 435.408(b)(8)).
(ix) Aliens admitted as refugees under section 207 of the INA (8 U.S.C.A. § 1157) or section 203(a)(7) of the INA (See 42 CFR 435.408(b)(9)).
(x) Aliens granted voluntary departure under section 242(b) of the INA (8 U.S.C.A. § 1252(b)) or 8 CFR 242.5 whose departure the INS does not contemplate enforcing (See 42 CFR 435.408(b)(10)).
(xi) Aliens granted deferred action status under the INS Operations Instruction 103.1(a)(ii) prior to June 15, 1984, or 8 CFR 242.1(a)(22) (relating to order to show cause and notice of hearing) issued June 15, 1984, and later (See 42 CFR 435.408(b)(11)).
(xii) Aliens residing in the United States under orders of supervision under section 242 of the INA (See 42 CFR 435.408(b)(12)).
(xiii) Aliens who have entered and continuously resided in the United States since before January 1, 1992, or any date established by section 249 of the INA (8 U.S.C.A. § 1259) (See 42 CFR 435.408(b)(13)).
(xiv) Aliens granted suspension of deportation under section 244 of the INA (8 U.S.C.A. § 1254) and whose departure the INS does not contemplate enforcing (See 42 CFR 435.408(b)(14)).
(xv) Aliens whose deportation has been withheld under section 243(h) of the INA (8 U.S.C.A. § 1253(h)) (See 42 CFR 435.408(b)(15)).
(xvi) Other aliens living in the United States with the knowledge and permission of the INS and whose departure that agency does not contemplate enforcing including permanent nonimmigrants as established by the Compact of Free Association Act of 1985 (48 U.S.C.A. § 1681, note), and persons granted extended voluntary departure due to conditions in the aliens’ home country based on a determination by the Secretary of State (See 42 CFR 435.408(b)(16)).
(4) An alien who has been legalized as an LTR or an LPR under IRCA and who is aged, blind or disabled, a child under 18 years of age or a Cuban/Haitian entrant.
(c) A person who does not meet the requirements in subsection (a) or (b) may meet the MA citizenship and alienage requirements for limited MA benefits if the person is:
(1) An alien who has an emergency medical condition as defined in § 150.2 is eligible only for treatment of the emergency medical condition. These aliens include:
(i) An alien granted legalization as an LTR or an LPR under IRCA who does not meet the requirements in subsection (b)(4).
(ii) An illegal alien, ineligible alien or an undocumented alien as defined in § 150.2.
(2) A pregnant alien who has been legalized under IRCA as an LTR or an LPR. The pregnant legalized alien is eligible for pregnancy-related MA services as defined in § 150.2 and services related to an emergency medical condition. A child born to an alien in the United States is a citizen and is entitled to full MA benefits if otherwise eligible.
(d) An alien who is legalized as an LTR or LPR under IRCA may not establish MA eligibility under a regulation that applies to an alien who has not been granted LTR or LPR status.
(e) An applicant for MA shall provide documentation of alien status. An alien applying for MA for an emergency medical condition is not required to verify alien status or Social Security Number.
(f) An alien who is not an SAW as defined in § 150.2 but who has been granted LTR status shall apply for LPR status after the 18th month in LTR status or face reverting to illegal alien status when LTR status expires. LTR status is also lost if the United States Attorney General determines that the alien was not eligible for LTR status.
(g) Each alien’s eligibility for MA shall be determined on an individual basis. MA eligibility is subject to the restrictions that apply to each individual’s alien status. The legalized alien’s minor noncitizen child is not granted legalization unless the alien parent has applied for legalization on behalf of the child.
Cross References This section cited in 55 Pa. Code § 150.2 (relating to definitions); 55 Pa. Code § 150.11 (relating to aliens eligible for emergency medical services); and 55 Pa. Code § 150.21 (relating to limitation of MA eligibility for IRCA legalized aliens).
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