(a)  The services covered by Medicaid for eligible clients shall be based on citizenship or alien status.

(b)  The following groups who meet all other eligibility criteria shall be eligible for all Medicaid services in the state plan:

(1)           United States citizens; or

(2)           A qualified alien as described in Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-93).

(c)  An alien not identified in Paragraph (b) of this Rule shall be eligible for Medicaid for care and services necessary for the treatment of an emergency condition if:

(1)           The alien requires the care and services after the sudden onset of a medical condition (including labor and delivery) that manifests itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could result in:

(A)          Placing the patient's health in serious jeopardy; or

(B)          Serious impairment to bodily functions; or

(C)          Serious dysfunction of any bodily organ or part.

(2)           The alien meets all other eligibility requirements for Medicaid.


History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.402; 8 U.S.C. 1161; 8 U.S.C. 1255a; 42 U.S.C. 1396b(v);

Eff. September 1, 1984;

Amended Eff. August 1, 2000; December 1, 1991; August 1, 1990;

Transferred from 10A NCAC 21B .0302 Eff. May 1, 2012.