210 R.I. Code R. 210-RICR-10-00-3.8

Current through December 3, 2024

Section 210-RICR-10-00-3.8 - Sponsor Deeming

A. Under the deeming provisions for non-citizens, the income and resources of the sponsor(s) are counted as available and received, even if not in fact received, by the applicant. Income and resources of the sponsor(s) and of the sponsor's spouse (when living together) are counted when determining the income and resources of the noncitizen applicant.

1. Scope and application - Deeming applies ONLY to lawful permanent residents (LPR) who:

a. Entered the U.S. or were granted LPR status on or after December 19, 1997; and

b. Were sponsored by a person or entity with U.S. citizenship status such a family member, employer, or representative of an academic institution or business owner; and

c. Received legally binding affidavit(s) of support from the sponsor (USCIS form 1-864).

2. Eligibility duration - Deeming continues until the non-citizen:

a. Attains U.S. citizenship; or

b. Can be credited with forty (40) quarters of work as defined under Title II of the Social Security Act, provided that no credit is given for any quarter after December 31, 1996 in which any Federal means tested benefit was received. Federal means tested benefits include, but are not limited to: Supplemental Nutrition Assistance Program (SNAP), RI Works, Child Care Assistance Program (CCAP), Supplemental Security Income (SSI) and Low-income Heating Assistance Program (LIHEAP).

(1) Non-citizens may be credited with quarters from their own employment, their spouse's employment, and their parent's employment.

(2) Verification of qualifying quarters must be obtained from Social Security Administration records. A written statement, signed by the applicant under penalty of perjury, may be used as temporary verification of quarters worked while awaiting information requested from Social Security.

B. Deeming provisions may be waived for a period of one (1) year in certain circumstances for sponsored immigrants.

1. Battery or cruelty - Deeming requirements may be waived when a non-citizen demonstrates that he or she or a child or dependent have been battered or subjected to extreme cruelty while in the U.S. by certain persons who were living in the same household.

a. The battery must have a substantial connection to the need for Medicaid benefits such as to enable the non-citizen and any children/dependents to:

(1) Become self-sufficient following separation from the abuser;

(2) Escape the abuser or the community where the abuser lives, or to gain protection from the abuser;

(3) Obtain health coverage due to a loss of income or a period of health insurance ineligibility suffered as a result of separation from the abuser;

(4) Address health care issues or disabilities resulting from the abuse;

b. In the absence of such a connection to Medicaid, the non-citizen may show that he or she does not have sufficient income or resources for food or shelter without the abuser's financial support and, therefore, may be considered indigent.

(1) To be considered indigent, the sum of all income including any cash or in-kind assistance must be at or below one hundred thirty percent (130%) of the FPL.

(2) When determining whether a person is indigent, only the total amount of income and resources actually deemed to the noncitizen during a twelve (12) month period is counted. This is also the amount used when determining Medicaid eligibility for the noncitizen and any children and dependents.

c. The State is required under Federal law to notify the USCIS with the name of the sponsor and the sponsored non-citizens receiving Medicaid under this Part. The sponsor must reimburse the State for any Medicaid payments paid for covered services during a waiver period, with the exception of payments for emergency services.

d. A waiver related to abuse may be renewed if the non-citizen demonstrates the battery or cruelty has been recognized in the order of a judge or administrative law judge or a prior determination of the USCIS and the need for benefits remains the same; or the non-citizen requests a continuation of the waiver based on the indigent standard set forth in § 3.8(B)(1)(b) of this Part above.

e. Accepted forms of proof of battery or cruelty at the time of the initial application for a waiver and, as appropriate, continuation of the waiver include, but are not limited to:

(1) An approved USCIS petition;

(2) Restraining order;

(3) Third party affidavit,

(4) Signed affidavit from the applicant, or

(5) Health care, or public or private agency records.

2. Emergency services - Deeming provisions do not apply to eligibility determinations for emergency services.

210 R.I. Code R. 210-RICR-10-00-3.8

Adopted effective 12/29/2022