*** The Health Care Programs Manual (HCPM) has been replaced by the Minnesota Health Care Programs Eligibility Policy Manual (EPM) as of June 1, 2016.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. ***

Chapter 18 - Deeming Income and Assets

Effective:  December 1, 2006

18.05.20 - Substantial Connection to Battery

Archived:  June 1, 2016 (Previous Versions)

Substantial Connection to Battery

There is substantial connection between the need resulting from the battery of the non-citizen or his/her children and the need for health care coverage if any of the following conditions are met:

l  To enable them to become self-sufficient following separation from the abuser.

l  To enable escape from the abuser or the community where the abuser lives, or to ensure safety from the abuser.

l  Due to a loss of financial support due to their separation from the abuser.

l  Due to loss of job or leaving a job for safety, due to the battery by or cruelty of or separation from the abuser.

Note:  This includes job loss due to work absence or reduced job performance because of the abuse or cruelty or related legal proceedings, such as child support or custody disputes.

l  Due to a need to obtain medical attention or mental health counseling or they are disabled because of the battery or cruelty.

l  Because of lost housing or income, or the fear of separation from the abuser jeopardizes the ability to care for their children.

l  To alleviate nutritional risks or need resulting from the abuse or following the separation from the abuser.

l  To provide medical care during an unwanted pregnancy resulting from the abuser’s sexual assault, or the relationship with the abuser. Or to care for any resulting children.

l  To replace medical coverage or health care services they had when living with the abuser.

If you believe the noncitizen satisfies the substantial connection requirement but the noncitizen’s statement does not support one or more of the conditions listed, request a determination be made by sending a description of the circumstances to:

Director of the Violence Against Women Office

U.S. Department of Justice

950 Pennsylvania Avenue

Washington, D.C. 20530

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