1999 Minnesota Statutes

     256B.06 Eligibility; migrant workers; citizenship. 

    Subdivision 1. Renumbered 256B.055 subdivision 1 

    Subd. 1a. Renumbered 256B.055 subd 2 

    Subd. 1b. Renumbered 256B.055 subd 3 

    Subd. 1c. Renumbered 256B.055 subd 4 

    Subd. 1d. Renumbered 256B.055 subd 5 

    Subd. 1e. Renumbered 256B.055 subd 6 

    Subd. 1f. Renumbered 256B.055 subd 7 

    Subd. 1g. Renumbered 256B.055 subd 8 

    Subd. 1h. Renumbered 256B.055 subd 9 

    Subd. 1i. Renumbered 256B.055 subd 10 

    Subd. 1j. Renumbered 256B.055 subd 11 

    Subd. 1k. Renumbered 256B.056 subdivision 1 

    Subd. 1l. Renumbered 256B.056 subd 2 

    Subd. 1m. Renumbered 256B.056 subd 3 

    Subd. 1n. Renumbered 256B.056 subd 4 

    Subd. 1o. Renumbered 256B.056 subd 5 

    Subd. 1p. Renumbered 256B.056 subd 6 

    Subd. 1q. Renumbered 256B.055 subd 12 

    Subd. 1r. Renumbered 256B.056 subd 7 

    Subd. 2.  Repealed, 1974 c 525 s 3 

    Subd. 3.  Notwithstanding any law to the contrary, a 
 migrant worker who meets all of the eligibility requirements of 
 this section except for having a permanent place of abode in 
 another state, shall be eligible for medical assistance and 
 shall have medical needs met by the county in which the worker 
 resides at the time of making application.  

    Subd. 4.    Citizenship requirements.  (a) Eligibility 
 for medical assistance is limited to citizens of the United 
 States, qualified noncitizens as defined in this subdivision, 
 and other persons residing lawfully in the United States. 

    (b) "Qualified noncitizen" means a person who meets one of 
 the following immigration criteria: 

    (1) admitted for lawful permanent residence according to 
 United States Code, title 8; 

    (2) admitted to the United States as a refugee according to 
 United States Code, title 8, section 1157; 

    (3) granted asylum according to United States Code, title 
 8, section 1158; 

    (4) granted withholding of deportation according to United 
 States Code, title 8, section 1253(h); 

    (5) paroled for a period of at least one year according to 
 United States Code, title 8, section 1182(d)(5); 

    (6) granted conditional entrant status according to United 
 States Code, title 8, section 1153(a)(7); 

    (7) determined to be a battered noncitizen by the United 
 States Attorney General according to the Illegal Immigration 
 Reform and Immigrant Responsibility Act of 1996, title V of the 
 Omnibus Consolidated Appropriations Bill, Public Law Number 
 104-200; 

    (8) is a child of a noncitizen determined to be a battered 
 noncitizen by the United States Attorney General according to 
 the Illegal Immigration Reform and Immigrant Responsibility Act 
 of 1996, title V, of the Omnibus Consolidated Appropriations 
 Bill, Public Law Number 104-200; or 

    (9) determined to be a Cuban or Haitian entrant as defined 
 in section 501(e) of Public Law Number 96-422, the Refugee 
 Education Assistance Act of 1980. 

    (c) All qualified noncitizens who were residing in the 
 United States before August 22, 1996, who otherwise meet the 
 eligibility requirements of chapter 256B, are eligible for 
 medical assistance with federal financial participation. 

    (d) All qualified noncitizens who entered the United States 
 on or after August 22, 1996, and who otherwise meet the 
 eligibility requirements of chapter 256B, are eligible for 
 medical assistance with federal financial participation through 
 November 30, 1996. 

    Beginning December 1, 1996, qualified noncitizens who 
 entered the United States on or after August 22, 1996, and who 
 otherwise meet the eligibility requirements of chapter 256B are 
 eligible for medical assistance with federal participation for 
 five years if they meet one of the following criteria: 

    (i) refugees admitted to the United States according to 
 United States Code, title 8, section 1157; 

    (ii) persons granted asylum according to United States 
 Code, title 8, section 1158; 

    (iii) persons granted withholding of deportation according 
 to United States Code, title 8, section 1253(h); 

    (iv) veterans of the United States Armed Forces with an 
 honorable discharge for a reason other than noncitizen status, 
 their spouses and unmarried minor dependent children; or 

    (v) persons on active duty in the United States Armed 
 Forces, other than for training, their spouses and unmarried 
 minor dependent children. 

    Beginning December 1, 1996, qualified noncitizens who do 
 not meet one of the criteria in items (i) to (v) are eligible 
 for medical assistance without federal financial participation 
 as described in paragraph (j). 

    (e) Noncitizens who are not qualified noncitizens as 
 defined in paragraph (b), who are lawfully residing in the 
 United States and who otherwise meet the eligibility 
 requirements of chapter 256B, are eligible for medical 
 assistance under clauses (1) to (3).  These individuals must 
 cooperate with the Immigration and Naturalization Service to 
 pursue any applicable immigration status, including citizenship, 
 that would qualify them for medical assistance with federal 
 financial participation. 

    (1) Persons who were medical assistance recipients on 
 August 22, 1996, are eligible for medical assistance with 
 federal financial participation through December 31, 1996. 

    (2) Beginning January 1, 1997, persons described in clause 
 (1) are eligible for medical assistance without federal 
 financial participation as described in paragraph (j). 

    (3) Beginning December 1, 1996, persons residing in the 
 United States prior to August 22, 1996, who were not receiving 
 medical assistance and persons who arrived on or after August 
 22, 1996, are eligible for medical assistance without federal 
 financial participation as described in paragraph (j). 

    (f) Nonimmigrants who otherwise meet the eligibility 
 requirements of chapter 256B are eligible for the benefits as 
 provided in paragraphs (g) to (i).  For purposes of this 
 subdivision, a "nonimmigrant" is a person in one of the classes 
 listed in United States Code, title 8, section 1101(a)(15). 

    (g) Payment shall also be made for care and services that 
 are furnished to noncitizens, regardless of immigration status, 
 who otherwise meet the eligibility requirements of chapter 256B, 
 if such care and services are necessary for the treatment of an 
 emergency medical condition, except for organ transplants and 
 related care and services and routine prenatal care.  

    (h) For purposes of this subdivision, the term "emergency 
 medical condition" means a medical condition that meets the 
 requirements of United States Code, title 42, section 1396b(v). 

    (i) Pregnant noncitizens who are undocumented or 
 nonimmigrants, who otherwise meet the eligibility requirements 
 of chapter 256B, are eligible for medical assistance payment 
 without federal financial participation for care and services 
 through the period of pregnancy, and 60 days postpartum, except 
 for labor and delivery.  

    (j) Qualified noncitizens as described in paragraph (d), 
 and all other noncitizens lawfully residing in the United States 
 as described in paragraph (e), who are ineligible for medical 
 assistance with federal financial participation and who 
 otherwise meet the eligibility requirements of chapter 256B and 
 of this paragraph, are eligible for medical assistance without 
 federal financial participation.  Qualified noncitizens as 
 described in paragraph (d) are only eligible for medical 
 assistance without federal financial participation for five 
 years from their date of entry into the United States.  

    (k) The commissioner shall submit to the legislature by 
 December 31, 1998, a report on the number of recipients and cost 
 of coverage of care and services made according to paragraphs 
 (i) and (j). 

    Subd. 5.    Deeming of sponsor income and resources.  
 When determining eligibility for any federal or state funded 
 medical assistance under this section, the income and resources 
 of all noncitizens shall be deemed to include their sponsors' 
 income and resources as required under the Personal 
 Responsibility and Work Opportunity Reconciliation Act of 1996, 
 title IV, Public Law Number 104-193, sections 421 and 422, and 
 subsequently set out in federal rules.  This section is 
 effective May 1, 1997. 

    HIST: Ex1967 c 16 s 6; 1969 c 841 s 1; 1973 c 717 s 18; 1974 c 
 525 s 1,2; 1975 c 247 s 10; 1976 c 236 s 3; 1977 c 448 s 6; 1978 
 c 760 s 1; 1979 c 309 s 4; 1980 c 509 s 106; 1980 c 527 s 1; 
 1981 c 360 art 2 s 28; 1Sp1981 c 2 s 14; 3Sp1981 c 2 art 1 s 32; 
 3Sp1981 c 3 s 17; 1982 c 553 s 6; 1982 c 640 s 5; 1983 c 312 art 
 5 s 15; 1984 c 422 s 1; 1984 c 534 s 22; 1984 c 654 art 5 s 58; 
 1985 c 248 s 70; 1985 c 252 s 21; 1986 c 444; 1Sp1986 c 1 art 8 
 s 5; 1987 c 403 art 2 s 79,80; 1988 c 689 art 2 s 144,145,268; 
 1991 c 199 art 2 s 1; 1995 c 207 art 6 s 38; 1997 c 85 art 3 s 
 19,20; 1997 c 203 art 12 s 2; 1998 c 407 art 4 s 19