Final Report of the Subcommittee on Domestic Trafficking

B. Non-Qualified Alien victims who are adults:A non-qualified alien victim <strong>of</strong> trafficking who is certified under <strong>the</strong> proceduresestablished by ACF will become a “qualified alien” and considered a Refugee. (Seeendnote below). Such individuals are not subject to <strong>the</strong> limits on Medicaid servicesapplicable to non-qualified aliens. Therefore, a victim <strong>of</strong> trafficking who has beencertified by ORR will receive <strong>the</strong> same services as a citizen who is eligible for Medicaid.Section I – “B” (above).1. Medicaid eligibility criteria and services for eligible individuals whe<strong>the</strong>r citizens or noncitizensare identical, except for specific limitations in statute affecting non-qualified aliens andsome qualified aliens who have not lived in <strong>the</strong> U.S. continuously for five years.Basic Medicaid eligibility is based on <strong>the</strong> applicant being a member <strong>of</strong> a group covered by <strong>the</strong>State as part <strong>of</strong> its Medicaid program; having income or resources below <strong>the</strong> State Medicaidlimits; and being a resident <strong>of</strong> <strong>the</strong> State. Although <strong>the</strong>re are some exceptions, States aregenerally required to cover individuals who receive Supplemental Security Income (SSI), meet<strong>the</strong> requirements <strong>of</strong> <strong>the</strong> State’s Aid to Families with Dependent Children (AFDC) program as itexisted on July 16, 1996, and certain poverty level children and pregnant women. There arenumerous additional groups <strong>the</strong> State may cover under its Medicaid program. These generalrequirements must be met by every applicant and recipient for Medicaid whe<strong>the</strong>r citizen or alien.However, <strong>the</strong>re are certain limits on <strong>the</strong> services available to aliens and non-qualified or fiveyearbar qualified.The victims <strong>of</strong> trafficking law was enacted among o<strong>the</strong>r purposes to alleviate <strong>the</strong> limitations onMedicaid eligibility applicable to non-qualified aliens. A victim <strong>of</strong> trafficking, who is certifiedunder <strong>the</strong> procedures established by ACF, will become a “qualified alien” as that term is definedin section 431 <strong>of</strong> <strong>the</strong> Personal Responsibility and Work Opportunity Reconciliation Act(PRWORA) as a refugee. Consequently, as a member <strong>of</strong> a group exempt from <strong>the</strong> five-year baron Medicaid eligibility in section 403 <strong>of</strong> PWRORA, <strong>the</strong> individual will be eligible for Medicaidif o<strong>the</strong>rwise eligible.2. INTERNATIONAL VICTIMSThe Social Security Act does not provide for services <strong>of</strong> any kind to Medicaid recipients outside<strong>the</strong> United States.28