2007 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    Subd. 2.[Repealed, 1974 c 525 s 3]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. Migrant worker. 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. Citizens or nationals of the United States must
cooperate in obtaining satisfactory documentary evidence of citizenship or nationality according
to the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
(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 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 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public Law
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 this chapter, 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 this chapter, 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 this chapter 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
this chapter, are eligible for medical assistance under clauses (1) to (3). These individuals must
cooperate with the United States Citizenship and Immigration Services 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 this chapter 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 this chapter,
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, nonimmigrants, or eligible for medical
assistance as described in paragraph (j), and who are not covered by a group health plan or health
insurance coverage according to Code of Federal Regulations, title 42, section 457.310, and who
otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance
through the period of pregnancy, including labor and delivery, to the extent federal funds are
available under title XXI of the Social Security Act, and the state children's health insurance
program, followed by 60 days postpartum without federal financial participation.
(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) Beginning October 1, 2003, persons who are receiving care and rehabilitation services
from a nonprofit center established to serve victims of torture and are otherwise ineligible
for medical assistance under this chapter are eligible for medical assistance without federal
financial participation. These individuals are eligible only for the period during which they are
receiving services from the center. Individuals eligible under this paragraph shall not be required
to participate in prepaid medical assistance.
    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 104-193, sections 421 and 422, and subsequently set out in federal rules. This section
is effective May 1, 1997.
History: 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; 1Sp2003 c 14 art 12 s 31; 2004 c 288 art
6 s 21; 1Sp2005 c 4 art 8 s 28; 2006 c 282 art 17 s 34; 2007 c 13 art 1 s 25