Citizenship and Alien Status Requirements for the Medicaid Program
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Date: October 26, 2004
31 Trans. No. 04 OMM/ADM-7
An immigrant who is not a qualified immigrant and not PRUCOL (hereafter referred to as undocumented) is not eligible to receive medical care or services under the Medicaid program unless the immigrant is otherwise eligible and the care
and services are necessary for the treatment of an emergency medical condition.
NOTE: Undocumented immigrant does not include PRUCOL category “l” in which the immigrant has contacted the USCIS and may or may not have substantial/official documentation. Undocumented immigrants are unable to provide documentation of immigration status; therefore, absent any documentation they are eligible only for the treatment of an emergency medical condition. 2. TEMPORARY NONIMMIGRANTS Some immigrants may be lawfully admitted to the United States, but only for a temporary or specified period of time, as legal nonimmigrants. These immigrants are not eligible for Medicaid because of the temporary nature of their admission status. These immigrants are never qualified immigrants, but in some cases may meet the state residence rules. If this is the case, such nonimmigrants could be determined eligible for Medicaid for the treatment of an emergency medical condition, if otherwise eligible, provided they did not enter the state for the purpose of obtaining medical care.
A visa is issued to persons with permanent residence outside the U.S. but who are in the U.S. on a temporary basis, for example: tourism, medical treatment, business, temporary work or study. Districts are reminded that
because of the temporary nature of their admission status, these nonimmigrants, although lawfully admitted to the United States, are eligible for Medical Assistance care and services only for the treatment of an emergency medical condition. (See attached Desk Guide Attachment D-1, Category 4: “NONIMMIGRANTS”.)
Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent children).
Date: October 26, 2004
32 Trans. No. 04 OMM/ADM-7
legal nonimmigrants and their visa category: NOTE: THESE USCIS VISA CATERGORIES ARE NOT TO BE CONFUSED WITH WMS ALIEN CITIZENSHIP INDICATOR CODES (ACI CODES). •
A Visa: Foreign government officials •
Temporary Business/pleasure Visitors •
C Visa: Aliens in transit through the United States •
Crewmen •
E-1, E-2 Visa: Treaty Traders and Investors •
Students (including spouses and children)* •
G Visa: International Representatives •
Skilled Professionals, Temporary Workers •
I Visa: Representatives of foreign information media •
Practical Trainees, Exchange Visitors •
L Visa: Intra-company Transferees •
NATO officials •
TN Visa-Canada: Canadian Professionals and Consultants •
TN Visa-Mexico: Mexican Professionals and Consultants •
O Visa: Temporary Workers with Extraordinary Abilities •
Athletes, artists and entertainers (including spouses and children) •
Participants in international cultural exchange programs •
Temporary workers performing work in religious occupations (including spouses and children)
These immigrants have the following types of USCIS documentation: •
Form I-94 Arrival-Departure Record (contains the visa category code and Date of Entry); •
Canadian Border Crossing Card (BCC)*; •
Form I-186 Mexican Border Crossing Card (BCC)*; •
Mexican Border Visitor’s Permit*; or •
Form I-95A Crewman’s Landing Permit. *B-1/B-2 Visa/BCC is now issued in place of these documents.
To be eligible for treatment of an emergency medical condition, an undocumented immigrant or a temporary
nonimmigrant must meet all eligibility requirements, including state residence.
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