A Overview

 

 

Revised 12/02/2021

Policy

To qualify for full AHCCCS Medical Assistance (MA) coverage, a noncitizen must:

·        Be in a qualified noncitizen status;

·        For certain qualified noncitizens, meet conditions in MA524B; and

·        Declare his or her qualified noncitizen status.  The customer must be listed as having a qualified noncitizen status on the application, and the application must be signed by the customer or other person listed in MA1301A.

Otherwise, the noncitizen can only get coverage for emergency medical services, and cannot qualify for the following categories:

·        AHCCCS Freedom to Work (FTW)

·        Breast and Cervical Cancer Treatment Program (BCCTP)

·        Arizona Long Term Care System (ALTCS)

·        Medicare Savings Program (MSP)

·        KidsCare

·        Continued Coverage (CC)

·        Transitional Medical Assistance (TMA)

NOTE      When a customer claims a qualified noncitizen status but more proof is needed to verify it through SAVE VIS or VLP, the person gets 90 days from the date the proof is requested to provide the proof or resolve the issue with USCIS.  During this time, when the person meets all other eligibility requirements, MA is approved. This conditional approval is allowed one time per customer.

 

Definitions

Term

Definition

Noncitizen

A person who is not a citizen or national of the United States (U.S.).

Non-qualified noncitizen

A noncitizen who does not have a qualified immigration status.

Qualified noncitizen

A person admitted to the U.S. in one of the immigration statuses in the list below: 

·        Afghan and Iraqi Special Immigrant Visa

·        Deportation Withheld or Removal Withheld (this does not include Deferred Action for Childhood Arrivals or “DACA”  status)

·        Amerasian Refugee

·        Asylee

·        Battered noncitizen (must also meet conditions in section B)

·        Citizens of the following Compact of Free Association (COFA) countries:

o       Republic of the Marshall Islands

o       Federated States of Micronesia

o       Republic of Palau

·        Conditional Entrant

·        Cuban-Haitian Entrant

·        Hmong or Laotian Highlander

·        Lawful Permanent Resident (LPR) (must also meet conditions in section B)

·        Parolee for at least one year (must also meet conditions in section B)

·        Refugee

·        Victims of Trafficking (as of the eligibility date in the certification letter issued by the Office of Refugee Resettlement).

American Indian Born in Canada

An American Indian with at least 50% Indian ancestry born in Canada is considered a qualified noncitizen.

NOTE      A person in this group may choose to become an LPR.  This does not affect the status as an American Indian born in Canada.  The person does NOT need to meet the other conditions in section B.

Foreign Born Member of U.S. Indian Tribe

A member of a federally recognized U.S. Indian Tribe who does not claim U.S. citizenship.  People in this group are considered qualified noncitizens.

NOTE      For federally recognized U.S. Indian Tribes see the annual list published in the Federal Register. 

 

Proof

For most qualified statuses, a SAVE VIS or VLP response showing a qualified status. If unable to verify the person’s status through the initial SAVE VIS or VLP response, the following documents can be used to resubmit the SAVE or VLP request:  

·        Permanent Resident or Resident Alien Card, I-551;

·        Alien Registration Receipt Card, I-151;

·        Departure Record, I-94;

·        Employment Authorization Card, I-766;

·        Foreign Passport;

·        Parole Notice;

·        Approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360;

·        Certificate of Residency or Naturalization for citizens of the Marshall Islands;

·        Certificate of Residency or Naturalization for citizens of the Federated States of Micronesia;

·        Certificate of Residency or Naturalization for citizens of the Republic of Palau

Exception:

Victims of Trafficking and Battered Noncitizen statuses cannot be verified through the SAVE VIS or VLP. The following documents can be used for proof of these statuses:

·        A notice of "prima facie" approval of a pending self-petition under the Violence Against Women Act (VAWA);

·        Victim of Trafficking Certification Letter or Eligibility Letter.

 

Legal Authority

Program

Legal Authorities

All programs

8 USC 1611, 1612, 1613, and 1641

42 CFR 435.406(a)

42 CFR 435.949 and 956(a)(1)(i)

AAC R9-22-305.4

AAC R9-28-401.01(B)1

AAC R9-29-204.3

AAC R9-31-302(A)

42 CFR 457.320(b)(6)