Section 477-24-002 - SPONSOR DEEMING FOR ALIENS002.01 Sponsors for Aliens One hundred (100) percent of the income and resources of a sponsor (and sponsor's spouse, if they are living together) shall be considered when determining the eligibility of an alien who applies for Medicaid if the sponsor has signed an affidavit of support under Section 213A of the Immigration and Nationality Act. Alien status must be verified by electronic data sources. The sponsor's income and resources will be considered available to the alien until one or more of the following circumstances apply:
1. The individual becomes a U.S. citizen;2. The individual has worked 40 qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with the qualifying quarters as provided under Section 435, and the alien did not receive any federal means tested public benefit during that time period. This provision does not apply to restricted Medicaid;3. The individual is pregnant (including 60 days post-partum); and/or The individual is under age 19.002.02 Sponsor of More than One Alien When an individual is a sponsor for two or more aliens who are living in the same home, the amount of deemed income and resources of the sponsor (and the sponsor's spouse, if living with the sponsor) is divided equally among the aliens. When an individual sponsors several aliens but not all apply for Medicaid, the sponsor's total deemable income and resources is applied to the needs of the aliens who apply for Medicaid.
002.03 Deeming Exceptions 24-002.03aBattery or Extreme Cruelty: If a sponsored immigrant demonstrates that s/he or his/her child(ren) have been battered or subjected to extreme cruelty by a spouse, a parent, or by a member of the spouse's or parent's family who is residing in the same household as the alien, deeming may be waived if a judge, an administrative judge, or the U.S. Citizenship and Immigration Services (USCIS) recognize the battery or cruelty.24-002.03bCategorically Ineligible Spouse: The sponsor's deemed income and resources for a categorically ineligible spouse (e.g., not aged, blind, or disabled) are not deemed to the non-sponsored eligible spouse.002.04 Alien Duties As an eligibility requirement, the alien is responsible for:
1. Providing income and resource information from the sponsor; and2. Obtaining the necessary cooperation from the sponsor. If the alien does not provide the necessary information, s/he is not eligible.
477 Neb. Admin. Code, ch. 24, § 002