Republican lawmakers are fear mongering the SCHIP veto debate with claims it is open to illegal immigrants. Below are relevant, detailed guidelines for eligibility in Medicaid and SCHIP (the two share generally the same eligibility guidelines).
http://64.233.167.104/search?q=cache:GwkOz5TvKD0J:www.c... The
Personal Responsibility and Work Opportunity and Reconciliation Act of 1996, P.L. 104-193 (PRWORA) substantially restricted immigrants’ eligibility for means-tested benefits programs, including
Medicaid and the State Children’s Health Insurance Program (SCHIP). In particular, with few exceptions, PRWORA
restricts eligibility for such programs to “qualified aliens.” Qualified aliens, defined in §431 of PRWORA, as amended, include:
1. Aliens lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), 8 USC 1101 et seq.;
2. Refugees, admitted under §207 of the INA;
3. Aliens granted asylum under §208 of the INA;
4. Cuban and Haitian Entrants, as defined in §501(e) of the Refugee Education Assistance Act of 1980;
5. Aliens granted parole for at least one year under §212(d)(5) of the INA;
6. Aliens whose deportation is being withheld under
(1) §243(h) of the INA as in effect prior to April 1, 1997; or
(2) §241(b)(3) of the INA, as amended;
7. Aliens granted conditional entry under §203(a)(7) of the INA in effect before April 1, 1980;
8. Battered aliens, who meet the conditions set forth in §431(c) of PRWORA, as added by §501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208 (IIRIRA), and amended by §5571 of the Balanced Budget Act of 1997, P.L. 105-33 (BBA), and §1508 of the Violence against Women Act of 2000, P.L. 106-386. Section 431(c) of PRWORA, as amended, is codified at 8 USC 1641(c).1
9. Victims of a severe form of trafficking, in accordance with §107(b)(1) of the Trafficking Victims Protection Act of 2000, P.L. 106-386.2
1 Battered aliens were not initially included in PRWORA’s definition of qualified aliens. In passing §501IIRIRA, Congress added a new §431(c) to PRWORA, which provides that term “qualified alien” shallinclude such immigrants. Section 431(c) of PRWORA subsequently was amended by §5571 of the BBA and §1508 of the Violence against Women Act of 2000.
2 Trafficking victims are not included in the statutory definition of qualified alien. Under §107(b)(1)(A) ofthe Trafficking Victims Protection Act, however, they are eligible for means-tested benefits to the sameextent as refugees.--------------------------------------------------------------------------------
In states that confer automatic eligibility to SSI recipients, non-qualified aliens who arereceiving SSI also are eligible for Medicaid. In addition, certain non-citizen Native Americans are exempt from the requirement that non-citizens be a qualified alien in order to be eligible for SSI, Food Stamps and Medicaid. Those subject to this exemption include
(1) members of a Federally-recognized Indian tribe, as defined in §4(e) of the Indian Self-Determination and Education Assistance Act, 25 USC 450b(e), and
(2) American Indians born in Canada to whom §289 of the INA applies (“§289 Native Americans”).
Finally, undocumented immigrants and other non-qualified aliens are eligible under Medicaid for treatment of
emergency medical conditions, provided that they otherwise meet the eligibility criteria for the state’s Medicaid program.
For general information on immigrant eligibility, states and other readers also may consult sections 3210 and 3211 of the State Medicaid Manual and the letter to State Medicaid Directors dated December 8, 1997. The State Medicaid Manual and the December 8, 1997 letter can be found on the CMS Website at
http://www.cms.gov .
Note that, although the State Medicaid Manual and December 8, 1997 letter only discuss immigrant eligibility for Medicaid, the definition of “qualified alien” for purposes of Medicaid and SCHIP is the same. (see below)
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http://www.cms.hhs.gov/MedicaidEligibility /
ELIGIBILITY (Medicaid)Many groups of people are covered by Medicaid. Even within these groups, though, certain requirements must be met. These may include your age, whether you are pregnant, disabled, blind, or aged; your income and resources (like bank accounts, real property, or other items that can be sold for cash); and whether you are a U.S. citizen or a lawfully admitted immigrant. The rules for counting your income and resources vary from state to state and from group to group. There are special rules for those who live in nursing homes and for disabled children living at home.
Your
child may be eligible for coverage if he or she is a U.S. citizen or a lawfully admitted immigrant, even if you are not (however, there is a 5-year limit that applies to lawful permanent residents).
Eligibility for children is based on the child's status, not the parent's. Also, if someone else's child lives with you, the child may be eligible even if you are not because your income and resources will not count for the child.
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