Final Report of the Subcommittee on Domestic Trafficking

Department <strong>of</strong> Health and Human ServicesCenters for Medicare & Medicaid ServicesMEDICAIDService: MEDICAID (see note 1 below)Medicaid is a State administered Federally assisted program. Medicaid provides healthcoverage including medical and ancillary services to groups <strong>of</strong> low-income people, some<strong>of</strong> whom may have no medical insurance or inadequate medical insurance. Medicaidgenerally provides health coverage for certain low income pregnant women, children,parents and adults and those with disabilities.Agency: Centers for Medicare & Medicaid Services (CMS) is responsible forOversight; Individual State Medicaid Agencies are responsible for OperationsRepresented on <strong>Subcommittee</strong> by: Margaret Sparr and Robert TomlinsonI. Domestic VictimsA. Domestic victims who are U.S. Citizens and adults:Medicaid is available if <strong>the</strong> individual is a member <strong>of</strong> a covered “group” designated by<strong>the</strong> State and <strong>the</strong> individual meets all o<strong>the</strong>r Medicaid eligibility requirements—generallypregnant woman, or a disabled individual with income and resources below Stateestablished levels, and a resident <strong>of</strong> <strong>the</strong> State.Generally, <strong>the</strong>re is no eligibility under <strong>the</strong> Medicaid program for individuals between 21and 64 who are not disabled, pregnant, or in families with dependent children. However,some States have obtained waivers under section 1115 <strong>of</strong> <strong>the</strong> Social Security Act (<strong>the</strong>Act) to cover such persons. If a citizen victim <strong>of</strong> trafficking would meet <strong>the</strong> criteria forsuch a group in a State with an 1115 waiver, that citizen trafficking victim would beeligible for all services available to that group.B. Domestic victims who are legal U.S. residents and adults:Same as “A” above, plus <strong>the</strong> individual is in a specific legal resident classificationdefined as “qualified alien” in section 431 <strong>of</strong> Public Law 104-193. If <strong>the</strong> individual issubject to <strong>the</strong> five-year bar in section 403 <strong>of</strong> P.L. 104-193, such individuals would onlybe eligible to receive emergency services until <strong>the</strong> five-year bar is met.C. Domestic victims who are U.S. Citizens and minors (under 18):Same as “A” above. Because children are a “group,” <strong>the</strong>n only <strong>the</strong> income, resources andresidence requirements apply.D. Domestic victims who are legal U.S. residents and minors (under 18):Same as “C” and “B” above. Except that <strong>the</strong> five-year bar will not apply.II. International Victims (see note 2 below)A. Non-Qualified Alien victims who are minors (under 18):A non-qualified alien victim <strong>of</strong> trafficking who is given a letter <strong>of</strong> eligibility under <strong>the</strong>procedures established by ACF will become a “qualified alien” and considered aRefugee. (See endnote below). Such individuals are not subject to <strong>the</strong> limits applicable tonon-qualified aliens. Therefore, a victim <strong>of</strong> trafficking with a letter <strong>of</strong> eligibility fromORR will receive <strong>the</strong> same services as a citizen who is eligible for Medicaid. Section I –“B” and “C” (above).27