§ 50302.2. Limitations on Medi-Cal Benefits for Aliens.
22 CA ADC § 50302.2Barclays Official California Code of Regulations
22 CCR § 50302.2
§ 50302.2. Limitations on Medi-Cal Benefits for Aliens.
(a) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 USC section 1611), and notwithstanding any other provision of this division, aliens who are not qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act (INA) (8 USC section 1101 et seq.), or aliens paroled into the United States under Section 212(d)(5) of the INA (8 USC section 1182(d)(5)), for less than one year, are not eligible to receive the state-only funded long-term care services described in subdivision (f) of Section 1 of Chapter 1441 of the Statutes of 1988.
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty.
(A) The alien 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.
(1) The alien must declare himself or herself to be a qualified alien under subsection (b), a nonimmigrant alien under subsection (d), or an alien paroled into the United States for less than one year under Section 212(d)(5) of the INA (8 USC section 1182(d)(5)). The alien shall declare that status through use of the “Supplemental Alienage and Immigration Status Declaration” MC 13S (12/96).
(A) A primary SAVE system verification must be used to access the biographical/immigration status computer record contained in the Alien Status Verification Index maintained by the INS. Subject to subparagraph (B), this procedure must be used to verify the status of all aliens who claim to be qualified aliens and who present an INS-issued document that contains an alien registration or alien admission number.
(B) The secondary SAVE system verification procedure must be used to forward copies of original INS documents evidencing an alien's status as a qualified alien, as a nonimmigrant alien under the INA, or as an alien paroled into the United States under Section 212(d)(5) of the INA (8 USC section 1182(d)(5)), for less than one year in any of the following cases:
7. The document is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign passport stamped “PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE” that INS issued more than one year before the date of application for Medi-Cal.
(h) An alien who is a qualified alien pursuant to paragraphs (8), (9) or (10) of subsection (b), will remain eligible for Medi-Cal benefits as long as the need for benefits related to the battery or cruelty is necessary as determined by the county welfare department, and the alien continues to meet all Medi-Cal program eligibility requirements. The county eligibility worker shall review the alien's circumstances to evaluate the beneficiary's continued need for Medi-Cal benefits at the annual redetermination.
(i)(1) Any alien who was made eligible for state-only funded long-term care services for the month in which this section becomes effective and whose services are terminated, suspended, or reduced, pursuant to subsection (a), is entitled to a hearing, pursuant to Welfare and Institutions Code Section 10950 and Title 22, California Code of Regulations, Section 50951, on the issue of whether the alien is a qualified alien as defined under subsection (b), a nonimmigrant alien as defined under subsection (d), or an alien paroled into the United States for less than one year under Section 212(d)(5) of the INA or on the issue of whether a service requested by the alien falls within one of the exceptions provided in 8 USC section 1621(b).
Credits
Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: 8 USC Sections 1101, 1611, 1621, 1641 and 1642; Sections 501 and 508 of Division C (the “Immigration Reform and Immigrant Responsibility Act of 1996”) of the Omnibus Consolidated Appropriations Act, 1997 (Pub.L. 104-208); Sections 5302, 5562, 5571 and 5581 of the Balanced Budget Act of 1997 (Pub.L. 105-33) as amended by Sections 401 and 403 of the Taxpayer Relief Act of 1997 (Pub.L. 105-34.); Sections 14007.5 and 14011, Welfare and Institutions Code; and Section 1, Chapter 1441, Statutes of 1988.
History
1. New section filed 3-4-98; operative 9-4-98 (Register 98, No. 10).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 22, § 50302.2, 22 CA ADC § 50302.2
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