Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 30. Department Of Medical Assistance Services
Chapter 10. State Plan under Title XIX of the Social Security Act Medical Assistance Program; General Provisions
1/27/2022

12VAC30-10-170. Amount, duration, and scope of services: Limited coverage for certain aliens.

A. Aliens granted lawful temporary resident status under § 245A of the Immigration and Nationality Act who meet the financial and categorical eligibility requirements under the approved State Medicaid plan are provided the services covered under the plan if they--

1. Are aged, blind, or disabled individuals as defined in § 1614(a)(1) of the Act;

2. Are children under 18 years of age; or

3. Are Cuban or Haitian entrants as defined in § 501(e)(1) and (2)(A) of P.L. 96-422 in effect on April 1, 1983.

B. Except for emergency services and pregnancy-related services, as described in 42 CFR 447.53(b), aliens granted lawful temporary resident status under § 245A of the Immigration and Nationality Act who are not identified in subdivisions A 1 through A 3 of this section, and who meet the financial and categorical eligibility requirements under the approved State plan are provided services under the plan no earlier than five years from the date the alien is granted temporary resident status.

C. Aliens who are not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law who meet the eligibility conditions under the State's approved Medicaid plan, except for the requirement for receipt of AFDC, SSI or a State supplementary payment are provided, Medicaid only for care and services necessary for the treatment of an emergency medical condition (including emergency labor and delivery) as defined in § 1903(v)(3) of the Act.

Statutory Authority

Social Security Act Title XIX; 42 CFR 430 to end; all other applicable statutory and regulatory sections.

Historical Notes

Derived from VR460-01-21.1, VR460-01-21.2, eff. June 16, 1993.

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