Date: October 26, 2004
19
Trans. No. 04 OMM/ADM-7
Page No.
F. PERSONS PERMANENTLY RESIDING UNDER COLOR OF LAW (PRUCOL)
Persons permanently residing in the United States under color of
law (PRUCOL) are eligible for Medicaid, Family Health Plus
(FHPlus) and Child Health Plus A (CHPlus A) provided they meet
all other eligibility requirements. There is no Federal Financial
Participation for this group. This means the federal government
will not pay a share of their Medicaid costs. The shares are
generally split
50% State/50% local.
Immigrants who are PRUCOL for Medicaid eligibility purposes are
any persons who are permanently residing
in the United States
with the knowledge and permission or acquiescence of the United
States Citizenship and Immigration Services (USCIS) and whose
departure from the United States the USCIS does not contemplate
enforcing.
An immigrant is considered as one whose departure the USCIS does
not contemplate enforcing if, based on all the facts and
circumstances of the particular case, it appears that the USCIS
is otherwise permitting the immigrant to reside in the United
States indefinitely or it is the policy or practice of the USCIS
not to enforce the departure of immigrants in a particular
category.
Prior to August 22, 1996, immigrants who were considered PRUCOL
were eligible for a number of federal programs, including
Medicaid, SSI, and Aid to Families with Dependent Children
(AFDC). The term is now used for Unemployment Insurance purposes
and also by a number of States in determining eligibility for
state funded programs such as FNP Medicaid. The term also has
been defined in decisions of federal and state courts, and the
number and types of statuses that may be considered PRUCOL vary
from state to state, benefit program to benefit program.
There are several categories of PRUCOL immigrants. These
categories are listed below and are also set forth in several
attachments to this directive including Attachments B-1, B-2,
entitled “Documentation Guide for PRUCOL Alien Categories,” and
D-1, entitled “Documentation Guide Immigrant Eligibility for
Health Coverage in New York State.”
All immigrants who establish their status as PRUCOL under any of
these categories are eligible for Medicaid, Family Health Plus
and Child Health Plus A, provided they meet such programs’ other
eligibility requirements.
In New York State, for the purposes of Medicaid eligibility, the
following statuses are considered PRUCOL:
a) Persons paroled into the U.S. pursuant to Section 212(d)(5)
of the INA showing status for less than one year, except
Cuban/Haitian entrants;
b) Persons residing in the U.S. pursuant to an Order of
Supervision;
c) Persons residing in the U.S. pursuant to an indefinite stay
of deportation;
Date: October 26, 2004
20
Trans. No. 04 OMM/ADM-7
Page No.
d) Persons residing in the U.S. pursuant to an indefinite
voluntary departure;
e) Persons on whose behalf an immediate relative petition has
been approved and their families covered by the petition,
who are entitled to voluntary departure, but whose
departure the USCIS does not contemplate enforcing;
f) Persons who have filed applications for adjustment of
status pursuant to Section 245 of the INA that USCIS
considers “properly filed” or granted and whose departure
the USCIS does not contemplate enforcing;
g) Persons granted stays of deportation by court order,
statute, or regulation, or individual determination by
USCIS pursuant to Section 243 of the INA and whose
departure the USCIS does not contemplate enforcing;
h) Persons granted voluntary departure pursuant to Section 242
(b) of the INA;
i) Persons granted deferred action status pursuant to USCIS
operating instructions;
j) Persons who entered and have continuously resided in the
U.S. since before 1/01/72;
k) Persons granted suspension of deportation pursuant to
Section 244 of the INA; USCIS does not contemplate
enforcing the departure; and
l) Other persons living in the United States with the
knowledge and permission or acquiescence of the USCIS and
whose departure the USCIS does not contemplate enforcing.
Examples include but are not limited to, the following:
•
Permanent non-immigrants pursuant to Public Law 99-
239 (applicable to Citizens of the Federated States
of Micronesia and Marshall Islands);
•
Applicants for adjustment of status, asylum,
suspension of deportation or cancellation of removal,
or deferred action;
•
Persons granted extended voluntary departure, or
Deferred Enforced Departure (DED) for a specified
time due to conditions in their home country;
•
Persons granted Temporary Protected Status; and
•
Persons having a “K”, “V”, “S” or “U” visa.
G. VERIFICATION OF PRUCOL STATUS
The Medicaid eligibility worker must understand that the USCIS
does not determine whether an immigrant is PRUCOL. To the
contrary, the eligibility worker must determine whether the
immigrant is PRUCOL by reviewing the documentation and other
information that the immigrant presents to establish that he or
she is PRUCOL.