*** The Health Care Programs Manual (HCPM) has been replaced by the Minnesota Health Care Programs Eligibility Policy Manual (EPM) as of June 1, 2016. Please refer to the EPM for current health care program policy information. ***
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Effective: March 1, 2013 |
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11.30.10 - Undocumented and Nonimmigrant People |
Archived: June 1, 2016 (Previous Versions) |
Undocumented people are those who do not have and cannot obtain current U.S. Citizenship and Immigration Services (USCIS) documentation because they are present in the United States without USCIS authorization. This includes people who enter the country illegally as well as people whose authorization to remain has expired.
Most nonimmigrants are noncitizens who are legally admitted to the United States on a temporary basis, such as tourists, students (and their dependents) admitted on a student visa, or diplomats and their dependents. These nonimmigrants are not usually eligible for Minnesota health care programs.
Other nonimmigrants are legally admitted to the United States on a long term basis including nonimmigrants with a T Visa or citizens of Micronesia, the Marshall Islands or the Republic of Palau. Nonimmigrants admitted on a long term basis are considered to be other lawfully present noncitizens. They may qualify for state or federally funded MA or MinnesotaCare if they meet all other eligibility criteria.
Note: Dependents who are born in the United States will usually be U.S. citizens. Their status is not dependent on the parents' status.
Noncitizens who are undocumented or have a temporary nonimmigrant status are ineligible for health care program coverage with the following exceptions:
l Pregnant women may be eligible for MA funded by the Children's Health Insurance Program (CHIP) (program NMED, eligibility type PC) through the 60-day postpartum period.
Note: Undocumented and nonimmigrant pregnant women may have a barrier to eligibility if they have other health care coverage; see that section for more information.
l People who are receiving services from the Center for Victims of Torture (CVT) may be eligible for state-funded MA (program NM).
l People with a medical emergency may be eligible for Emergency Medical Assistance (EMA), which is funded by both federal and state dollars.
To qualify for these programs, noncitizens who are undocumented or have a temporary nonimmigrant status must have an MA basis of eligibility and, except for citizenship and immigration status, meet all other MA requirements, including state residency.
Note: Request additional information when information provided on the application is inconsistent with other information provided by the applicant.
Example:
Gina, age 19, applies for healthcare and indicates she is pregnant. Her visa code B2 indicates she is in the U.S. as a visitor, but she states on her application that she intends to make Minnesota her home..
Action:
Follow procedure on Inconsistent Information to clarify whether Gina intends to make Minnesota her home indefinitely or has plans to leave the U.S. as specified on her visa.
Nonimmigrants may adjust their status to applicant for asylum, lawful permanent resident or other statuses.
Do not require verification of immigration status for undocumented or nonimmigrant people who are requesting any of the following:
l Emergency Medical Assistance (program EH).
l CHIP-funded MA (NM/PC) for pregnant women.
l State-funded MA (program NM) for people who are eligible solely because they are receiving services from the Center for Victims of Torture (CVT).
Undocumented and nonimmigrant people who are not eligible for health care coverage under one of the exceptions noted above in Funding Source are ineligible under Minnesota law specifically because they lack an eligible immigration status.