Administrative Code Provisions | Idaho Admin. Code r. 16.03.05.105 | 2018
To be eligible for AABD cash and Medicaid, an individual must be a member of one (1) of the groups listed in Subsections 105.01 through 105.16 of this rule. An individual must also provide proof of identity as provided in Section 104 of these rules. Effective Date (3-20-14)
01. U.S. Citizen. A U.S. Citizen or a "national of the United States." Effective Date (3-20-14)
02. Child Born Outside the U.S. A child born outside the U.S., as defined in Public Law 106-395, is considered a citizen if all of the following conditions are met: Effective Date (3-30-07)
a. At least one (1) parent is a U.S. Citizen. The parent can be a citizen by birth or naturalization. This includes an adoptive parent; Effective Date (3-30-07)
b. The child is residing permanently in the U.S. in the legal and physical custody of a parent who is a U.S. Citizen; Effective Date (3-30-07)
c. The child is under eighteen (18) years of age; Effective Date (3-30-07)
d. The child is a lawful permanent resident; and Effective Date (3-30-07)
e. If the child is an adoptive child, the child was residing in the U.S. at the time the parent was naturalized and was in the legal and physical custody of the adoptive parent. Effective Date (3-30-07)
03. Full-Time Active Duty U.S. Armed Forces Member. A qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c) currently on full-time active duty with the U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S.
Navy or U.S. Coast Guard, or a spouse or unmarried dependent child of the U.S. Armed Forces member. Effective Date (3-30-07)
04. Veteran of the U.S. Armed Forces. A qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c) honorably discharged from the U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Navy or U.S. Coast Guard for a reason other than their citizenship status or a spouse, including a surviving spouse who has not remarried, or an unmarried dependent child of the veteran. Effective Date (3-30-07)
05. Non-Citizen Entering the U.S. Before August 22, 1996. A non-citizen who entered the U.S.
before August 22, 1996, and is currently a qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c) and remained continuously present in the U.S. until they became a qualified alien. Effective Date (3-30-07)
06. Non-Citizen Entering on or After August 22, 1996. A non-citizen who entered on or after August 22, 1996, and; Effective Date (3-30-07)
a. Is a refugee admitted into the U.S. under 8 U.S.C. 1157, and can be eligible for seven (7) years from their date of entry; Effective Date (3-30-07)
b. Is an asylee granted asylum into the U.S. under 8 U.S.C. 1158, and can be eligible for seven (7) years from the date their asylee status is assigned; Effective Date (3-30-07)
c. Is an individual whose deportation or removal from the U.S. has been withheld under 8 U.S.C.
1253 or 1231(b)(3) as amended by Section 305(a) of Division C of Public Law 104-208, and can be eligible for seven (7) years from the date their deportation or removal was withheld; Effective Date (3-30-07)
d. Is an Amerasian immigrant admitted into the U.S. under 8 U.S.C. 1612(b)(2)(A)(i)(V), and can be eligible for seven (7) years from the date of entry; Effective Date (4-7-11)
e. Is a Cuban or Haitian entrant to the U.S. under Section 501(e) of the Refugee Assistance Act, and can be eligible for seven (7) years from their date of entry; Effective Date (4-7-11)
f. Is an Afghan special immigrant, as defined in Public Law 110-161, who has special immigration status after December 26, 2007; or Effective Date (4-7-11)
g. Is an Iraqi special immigrant, as defined in Public Law 110-181, who has special immigration status after January 28, 2008. Effective Date (4-7-11)
07. Qualified Non-Citizen Entering on or After August 22, 1996. A qualified non-citizen under 8 U.S.C. 1641(b) or (c), entering the U.S. on or after August 22, 1996, and who has held a qualified non-citizen status for at least five (5) years. Effective Date (3-30-07)
08. American Indian Born in Canada. An American Indian born in Canada under 8 U.S.C. 1359. Effective Date (3-30-07)
09. American Indian Born Outside the U.S. An American Indian born outside of the U.S., and is a member of a U.S. federally recognized tribe under 25 U.S.C. 450 b(e). Effective Date (3-30-07)
10. Qualified Non-Citizen Child Receiving Federal Foster Care. A qualified non-citizen child as defined in 8 U.S.C. 1641(b) or (c), and receiving federal foster care assistance. Effective Date (3-30-07)
11. Victim of Severe Form of Trafficking. A victim of a severe form of trafficking in persons, as defined in 22 U.S.C. 7102(13); who meets one (1) of the following: Effective Date (3-20-04)
a. Is under the age of eighteen (18) years; or Effective Date (3-20-04)
b. Is certified by the U.S. Department of Health and Human Services as willing to assist in the investigation and prosecution of a severe form of trafficking in persons; and Effective Date (3-20-04)
i. Has made a bona fide application for a temporary visa under 8 U.S.C. 1104(a)(15)(T), which has not been denied; or Effective Date (3-20-04)
ii. Is remaining in the U.S. to assist the U.S. Attorney General in the prosecution of traffickers in persons. Effective Date (3-30-07)
12. Qualified Non-Citizen Receiving Supplement Security Income (SSI). A qualified non-citizen under 8 U.S.C. 1641(b) or (c), and is receiving SSI; or Effective Date (3-20-04)
13. Permanent Resident Receiving AABD Cash On August 22, 1996. A permanent resident receiving AABD cash on August 22, 1996. Effective Date (3-20-04)
14. Employment Authorized Alien. An alien granted an employment authorization document (EAD), as defined in 8 CFR Part 274a.12(c). Effective Date (3-20-14)
15. Individuals Not Meeting the Citizenship or Qualified Non-Citizen Requirements. An individual who does not meet the citizenship or qualified non-citizen requirements in Subsections 105.01 through 105.14 of this rule, may be eligible for emergency medical services if he meets all other conditions of eligibility. Effective Date (3-20-14)