Final Report of the Subcommittee on Domestic Trafficking

Department <strong>of</strong> Health and Human ServicesCenters for Medicare & Medicaid ServicesState Children’s Health Insurance Program (SCHIP)Service: State Children’s Health Insurance Program (SCHIP)SCHIP was designed for children who did not qualify for Medicaid, yet could not affordto buy private insurance. States may obtain coverage through a Medicaid expansion,separate SCHIP program, or a combination <strong>of</strong> <strong>the</strong> two. Individuals subject to <strong>the</strong> fiveyearbar described under Medicaid are not eligible for SCHIP. Exceptions to <strong>the</strong> fiveyearbar are <strong>the</strong> same for SCHIP as for Medicaid.Agency: Centers for Medicare & Medicaid Services (CMS) is responsible forOversight; Individual State 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:There is no eligibility for adults in SCHIP unless <strong>the</strong> State has an approved HealthInsurance Flexibility and Accountability (HIFA) waiver permitting eligibility for someparents <strong>of</strong> SCHIP children.B. Domestic victims who are legal U.S. residents and adults:Same as “A” (above).C. Domestic victims who are U.S. Citizens and minors (under 18):If <strong>the</strong> citizen minor has income below <strong>the</strong> State established limit and <strong>the</strong>re is nocreditable third party coverage, <strong>the</strong>n a citizen minor may be eligible for SCHIP. Notethat a state’s SCHIP plan may have numerical limits on its SCHIP enrollment.D. Domestic victims who are legal U.S. residents and minors (under 18):Only “Qualified aliens” defined in section 431 <strong>of</strong> P.L. 104-193 who are not subject to <strong>the</strong>five-year bar are eligible for SCHIP. In <strong>the</strong> case <strong>of</strong> a child victim who has been given aletter <strong>of</strong> eligibility by ORR, <strong>the</strong> child will be considered a Refugee and <strong>the</strong>refore notsubject to <strong>the</strong> five-year bar. The child must also meet <strong>the</strong> requirements <strong>of</strong> “C”.II. International VictimsA. Non-Qualified Alien victims who are minors (under 18):Only “Qualified aliens” defined in section 431 <strong>of</strong> P.L. 104-193 who are not subject to <strong>the</strong>five-year bar are eligible for SCHIP. If an o<strong>the</strong>rwise non-qualified alien child is given aletter <strong>of</strong> eligibility by ORR, that child will be considered a Refugee and <strong>the</strong>refore aQualified Alien exempt from <strong>the</strong> bar in P.L. 104-193. The child must also meet <strong>the</strong>requirements <strong>of</strong> Section I - “C”.B. Non-Qualified Alien victims who are adults:There is no eligibility for adults in SCHIP unless <strong>the</strong> State has an approved “HIFA”waiver permitting eligibility for <strong>the</strong> parents <strong>of</strong> SCHIP children. An o<strong>the</strong>rwise nonqualifiedalien victim <strong>of</strong> trafficking certified by ORR will be considered a Refugee and29