55 Pa. Code § 150.2

Current through Register Vol. 54, No. 44, November 2, 2024
Section 150.2 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Applicant/recipient-A person who is applying for, or receiving, MA or a group of related persons who are living together and who choose to apply for, or receive, MA as one group.

Citizen of the United States-A person born or naturalized in the United States. The term also includes nationals from American Samoa or Swain's Island.

Emergency medical condition-A medical condition, including emergency labor and delivery, manifesting itself by acute symptoms of sufficient severity including severe pain so that the absence of immediate medical attention could reasonably be expected to result in one of the following:

(i) Placing the patient's health in serious jeopardy.
(ii) Serious impairment to bodily functions.
(iii) Serious dysfunction of a bodily organ or part.

INA-The Immigration and Nationality Act (66 Stat. 163, June 27, 1952).

INS-The Immigration and Naturalization Service.

IRCA-The Immigration Reform and Control Act of 1986 (Pub.L. 99-603, 100 Stat. 3359, November 6, 1986).

Ineligible alien-An alien who has been lawfully admitted but only for a temporary or specified period of time. These aliens are eligible for emergency medical services only and include:

(i) Foreign government representatives on official business and their families and servants.
(ii) Visitors for business or pleasure including exchange visitors.
(iii) Aliens in travel status while traveling directly through the United States.
(iv) Crewmen on shore leave.
(v) Treaty traders and investors and their families.
(vi) Foreign students.
(vii) International organization representatives and personnel and their families and servants.
(viii) Temporary workers including agricultural contract workers.
(ix) Members of the foreign press, radio, film or other information media and their families.

Illegal alien-An alien who has not been lawfully admitted for permanent residence in the United States; is not an alien PRUCOL; or lawfully admitted with a visa and that visa has expired. These aliens are eligible for emergency medical services only.

LPR-Lawful Permanent Resident-A legalized alien under IRCA whose status has been adjusted from LTR to LPR by INS. For purposes other than immigration, LPRs shall be considered as lawfully admitted for permanent residence. MA eligibility is subject to the IRCA requirements at § 150.1(b)(4) and (c) (relating to general policy for MA citizenship and alienage).

LTR-Lawful Temporary Resident-A legalized alien under IRCA who has been granted LTR status by INS. For purposes other than immigration, LTRs shall be considered as lawfully admitted for permanent residence. MA eligibility is subject to the IRCA requirements at § 150.1(b)(4) and (c).

Lawfully admitted for permanent residence-An alien who has been lawfully accorded the privilege of living permanently in the United States as an immigrant in accordance with the immigration statutes, and whose status has not changed since admission. The term does not include an alien PRUCOL since the residence is not in accord with specific immigration statutes.

National of the United States-A person who is a citizen of the United States or a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

Pregnancy-related services-The pregnancy-related MA services available to aliens granted legalization under IRCA include routine prenatal care, labor and delivery and routine postpartum care. The postpartum care period begins on the last day of pregnancy and extends through the end of the month in which the 60-day period following the termination of pregnancy ends.

PRUCOL-Permanently residing in the United States under color of law-An alien who is living in the United States with the knowledge and permission of the INS though not in accord with specific immigration statutes and whose departure from the United States the INS does not contemplate enforcing. The term includes an alien who entered the United States in one of the following ways:

(i) Lawfully in a status other than LPR.
(ii) Unlawfully.

RAW-Replenishing Agricultural Worker-An alien who is admitted under a provision of IRCA that provides for the admission of additional aliens to meet the shortage of agricultural workers. RAWs will be granted LTR status by INS.

Satisfactory immigration status-An immigration status which does not make the alien ineligible for benefits under the applicable program. (See section 121(d)(1)(B)(i)(III)) of IRCA (42 U.S.C.A. § 1320b-7, note).

SAW-Special Agricultural Worker-An alien who has been granted LTR or LPR status and is employed in seasonal agricultural work. SAWs may commute from a non-United States residence such as Mexico and still be eligible for LTR status under United States statutes, and subsequently LPR status.

Undocumented alien-An alien who does not have, and has never been given, any type of INS documentation. These aliens are eligible for emergency medical services only.

United States-The 50 states, the District of Columbia, Puerto Rico, Guam, Virgin Islands and the Northern Mariana Islands.

55 Pa. Code § 150.2

This section cited in 55 Pa. Code § 150.1 (relating to general policy for MA citizenship and alienage); 55 Pa. Code § 150.11 (relating to aliens eligible for emergency medical services); and 55 Pa. Code § 150.21 (relating to limitation of MA eligibility for IRCA legalized aliens).