Family MO HealthNet (MAGI) Manual

1805.020.10.10.10 Qualified Immigrants with a Five-Year Period of Ineligibility

IM-#97, November 9, 2015

Qualified immigrants entering the U.S. on or after August 22, 1996 who are not eligible for MO HealthNet for five years following their date of entry are listed below. Once the five-year period of ineligibility has expired, these qualified immigrants who otherwise meet MO HealthNet eligibility criteria can receive MO HealthNet:

      • Lawful Permanent Resident;
      • An immigrant granted parole for at least one year by the INS under 212(d)(5) of INA;
      • An immigrant granted conditional entry under 203(a)(7) of INA in effect before April 1,1980;
      • A battered immigrant, as defined by P.L. 104-208 is an immigrant:
        • Who has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent; or a member of the spouse of parent’s family residing in the same household as the immigrant if the spouse or parent consented to, or acquiesced in, such battery or cruelty;
        • Whose child has been subjected to same by a spouse or a parent or the immigrant (without the active participation of the alien), or by a member of the spouse or parents family residing in the same household if the spouse or parent consented to, or acquiesced in, such battery or cruelty; or
        • Child who resides in the same household as a parent who has been battered or subjected to extreme cruelty in the U.S. 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, but only if there is substantial connection between such battery or cruelty and the need for benefits to be provided.

EXCEPTION: The five-year ineligibility period DOES NOT APPLY to the immigrants listed above if they are:

      • On active duty in the U.S. Armed Forces;
      • A veteran of the U.S. Armed Forces;
      • The spouse or dependent child of a veteran or active duty U. S. Armed Forces personnel (A dependent child is an unmarried child under age 18 or a child claimed as a dependent on the active duty person’s or veteran’s income tax form.); or
      • The unmarried surviving spouse of a veteran.

NOTE: Qualified immigrants subject to the five-year period of ineligibility may be eligible for emergency medical care for ineligible immigrants, see Income Maintenance Manual section 1700.000.00 Emergency MO HealthNet Care for Ineligible Aliens (EMCIA)