I. TRACKING REQUIREMENTS FOR QUALIFIED AND NON-QUALIFIED NON-CITIZENS

 

Regulation

 

 

The Personal Responsibility and Work Opportunity Act (PRWOA) limits Federal Financial Participation (FFP) to reimbursement for emergency services for some Qualified and Non-Qualified non-citizens.  With the implementation of PRWOA, new Refugee/Non-Citizen Codes were developed for proper funding claiming by the state. 

 

 

Tracking Requirements

The Immigration and Nationality Act (INA) defined categories of non-citizens as either Qualified or Non-Qualified and implemented mandatory tracking requirements.  Non-Citizens receiving benefits under any Medi-Cal program, including CalWORKs, must be tracked.  Using the Refuge/Non-Citizen Indicator Codes, Human Services Specialist (HSS) staff can identify the non-citizens documentation and the corresponding Refugee/Non-Citizen Indicator Code.

 

In certain instances, it will be necessary to use two codes for tracking.  This is applicable to non-citizens who:

 

·       Have been battered or subjected to extreme cruelty; or

 

·       Are active duty or veterans of the U.S. Armed Services.

 

Refugees are to be identified and coded to the fullest extent possible. Any refugee that cannot be identified as coming from a specific country may be coded as “Other refugee”.

 

 

Special Categories –Non-Citizens Battered or Subject to Extreme Cruelty

A. Non-Citizens who are battered or subjected to extreme cruelty may be considered Qualified Non-Citizen if the non-citizen meets one of the following conditions in 1,2, or 3 and all the conditions in 4:   

                 

1.   The non-citizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent, or by a member of the spouse or parent’s family residing in the same household as the non-citizen, and the spouse or parent of the non-citizen consented to or acquiesced in such battery or cruelty, or                      

 

2. The non-citizen has a child who has been battered or subjected to extreme cruelty in the United States, by a spouse or a parent of the non-citizen (without the active participation of the non-citizen in the battery or cruelty), or by a member of the spouse’s or parent’s family residing in the same household as the non-citizen and the spouse or parent consented or acquiesced to such battery or cruelty, or

 

3. The non-citizen child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent’s spouse or by a member of the spouse’s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, and

 

4    a.  For the period of time for which benefits are sought, the  individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty, and

 

b.   The non-citizen has been approved or has a petition pending  with BCIS which sets forth a prima facie case for:

 

·        Status as a spouse or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 204(a) (1) (A) of the INA, or

 

·        Classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B) of the INA, or

 

·        Suspension of deportation and adjustment of status pursuant to section 244 (a)(3) of the INA, or

 

·        Status as a spouse or child of a United States citizen pursuant to clause(I) of section 204(a)(1)(A)of the INA, or classification pursuant to clause (I) of section 204(a)(1)(B) of the INA, and

 

  c.   The non-citizen did not actively participate in the battery or  cruelty, and

 

d.      There is a substantial connection between such battery and the need for the benefits to be provided. A substantial connection between battery or cruelty and the need for benefits to be provided can be demonstrated by verification of one or more of the following circumstances:

 

·        The non-citizen or non-citizen’s child is receiving cash assistance based on battery or extreme cruelty.

 

·        Benefits are needed due to a loss of financial support resulting from the non-citizen or his/her child’s separation from the abuser.

 

·        Benefits are needed because the non-citizen or his/her child require medical attention or mental health counseling or have become disabled as a result of the battery or cruelty.

 

·        Benefits are needed to provide medical care during an unwanted pregnancy resulting from the abuser’s sexual assault or abuse of, or relationship with the non-citizen or his /her child or to care for any resulting children.

 

·        Medical coverage or health care services are needed to replace medical coverage or health care services the applicant or child had when living with the abuser.

 

·        If the facts presented by the non-citizen are different from the situations described above, but the HSS or the applicant believes that the applicant satisfies the substantial connection requirement, the HSS should contact the Medi-Cal Program Specialist for a determination.

 

 

Verification of Abuse or Cruelty

Acceptable verification of abuse or cruelty may include, but is not limited to:

 

·        Police;

·        Government agency;

·        Court records or files;

·        Documentation from a domestic violence program;

·        Legal, medical; or

·        Other professional from whom the applicant or beneficiary has sought assistance in dealing with the abuse.

 

If the non-citizen is unable to provide any of the above verifications, the HSS may accept a statement from any other individual with knowledge of the circumstances that provide the basis for the claim or physical evidence of abuse or any other evidence that supports the applicant’s/ beneficiary’s statement. All verification regarding battery or cruelty must be retained in the case file.

 

 

Non-Citizens – Armed Services

A Qualified Non-Citizen who is in one of the following categories will not be tracked by his/her non-citizen INA classification of Lawful Permanent Resident (LPR), but instead will be tracked by one of the categories listed below:

 

·      On active duty in or an honorably discharged veteran of the U.S. Armed Services, or

 

·      The unremarried surviving spouse of such an individual, or

 

·      The unmarried dependent child of such an individual

 

 

Document

The HSS must determine whether the non-citizen is in one of the above categories. The non-citizen’s military status must be documented. Copies of all documentation regarding military status must be retained in the case file. Acceptable documentation includes:

 

·        An original or notarized copy of the non-citizen’s current orders showing the individual is on full-time active duty in the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard (full-time National Guard duty is excluded), or an original military identification (form DD 2) (active); or

 

·        An original Military identification (form DD 1173) with an expiration date of more than one year (if less than one year, must have orders to establish active duty status) verifying the non-citizen is the dependent spouse, unremarried surviving spouse or unmarried dependent child/stepchild of an active duty member of the Armed Services; or

 

·        A discharge certificate or form DD 214 that shows active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard and character of discharge “Honorable” showing an original enlistment date in the service prior to September 7, 1980 or two or more years of continuous active duty; or

 

·        A CW5 returned from the Veterans Affairs office verifying the above.

 

Note: A discharge “Under Honorable Condition” is not an Honorable discharge, this or other discharge documents not described above should be referred to the local Veteran’s Affairs office for a determination of veteran status.

 

 

Amerasian Non-Citizens

Non-Citizens designated by the BCIS as Amerasian can immigrate to the U.S. under several INA immigration classifications; for example, under INA section 207 or as LPR Non-Citizens. HSS must review the documentation presented by Amerasians applying for or receiving Medi-Cal benefits in order to correctly identify and track these persons.