Title of Rule:	Revisions to Immigrant Eligibility Rules, Section 8.100.53	
Rule Number:	MSB 06-02-02-A	
Division / Contact / Phone:	Client & Community Relations / Ann Clemens / (303) 866-6115	

SECRETARY OF STATE
RULES ACTION SUMMARY AND FILING INSTRUCTIONS

SUMMARY OF ACTION ON RULE(S)

1.	Department / Agency Name:	Health Care Policy and Financing / Medical Services Board	
2.	Title of Rule:	MSB 06-02-02-A, Revisions to Immigrant Eligibility Rules, Section 8.100.53	
3.	This action is an adoption of:	an amendment	
4.	Rule sections affected in this action (if existing rule, also give Code of Regulations number and page numbers affected): 	
Sections(s) 8.100.53, Colorado Department of Health Care Policy and Financing, Staff Manual Volume 8, Medical Assistance (10 CCR 2505-10).	
5.	Does this action involve any temporary or emergency rule(s)?	No	
If yes, state effective date:		
Is rule to be made permanent? (If yes, please attach notice of hearing).	Yes	

PUBLICATION INSTRUCTIONS*

Please replace current text at 8.100  MEDICAL ASSISTANCE PROGRAM REQUIREMENTS; 8.100.5  GROUPS ASSISTED UNDER THE PROGRAM; from 8.100.53 through 8.100.53.A1.11 with the new text provided. This change is effective 7/11/2008.

Title of Rule:	Revisions to Immigrant Eligibility Rules, Section 8.100.53	
Rule Number:	MSB 06-02-02-A	
Division / Contact / Phone:	Client & Community Relations / Ann Clemens / (303) 866-6115	
STATEMENT OF BASIS AND PURPOSE

1.	Summary of the basis and purpose for the rule or rule change.  (State what the rule says or does and explain why the rule or rule change is necessary).	
The Immigrant Eligibility rule revision removes the eligibility limitations imposed by SB 03-176.  SB 03-176, codified at 26-4-301, C.R.S. (2006), repealed provisions that allowed specified legal immigrants to be eligible for Medicaid.  HB 05-1086 reinstated Medicaid for the specified legal immigrants.  The revision also clarifies regulations regarding the federal mandatory Medicaid eligibility group, legal immigrants with 40 qualifying quarters of coverage.	
2.	An emergency rule-making is imperatively necessary	
	to comply with state or federal regulation and/or	
	for the preservation of public health, safety and welfare.	
Explain:	
     	
3.	Federal authority for the Rule, if any:	
42 C.F.R. Section 435.2, et seq. 	
4.	State Authority for the Rule:	
25.5-1-301 through 25.5-1-303, C.R.S. (2007);
25.5-5-201, C.R.S. (2006)	

Title of Rule:	Revisions to Immigrant Eligibility Rules, Section 8.100.53	
Rule Number:	MSB 06-02-02-A	
Division / Contact / Phone:	Client & Community Relations / Ann Clemens / (303) 866-6115	
REGULATORY ANALYSIS

1.	Describe the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule.
There should not be any groups affected by the proposed rule.  Qualifying non-citizen clients are already being covered by Medicaid in accordance with state law and the State Plan.  The proposed rule updates regulations to be in conformity with current state law.
2.	To the extent practicable, describe the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons.
There should not be any impact to the covered groups included in this rule.  Qualifying non-citizen clients are already being covered by Medicaid in accordance with the State Plan. The proposed rule updates regulations to be in conformity with current policies and procedures.
All groups outlined in 8.100.53 A. are eligible for mandatory Medicaid coverage with the exception of 8.100.53 A. 3. a. Immigrants lawfully admitted for permanent residence who entered the United States on or after August 22, 1996, applying after 5 years from the date of entry into the United States are eligible for optional Medicaid coverage.  Any other immigrants not listed within 8.100.53 A. are eligible for emergency services only  
3.	Discuss the probable costs to the Department and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues.
      There should not be any new costs to the Department or any other agency to implement and enforce the proposed rule.  Qualifying non-citizen clients are already being covered by Medicaid in accordance with state law and the State Plan.  The proposed rule updates                                                                     regulations to be in conformity with current state law.
4.	Compare the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction.
The Department must amend the rule pursuant to HB 05-1086, 42 U.S.C. Sections 401; 8 U.S.C. Section 1645, and 42 C.F.R. Section 435.2.
5.	Determine whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule.
N/A
6.	Describe any alternative methods for achieving the purpose for the proposed rule that were seriously considered by the Department and the reasons why they were rejected in favor of the proposed rule.
N/A

8.100.53  To be eligible to receive medical assistance, an eligible person shall:
A.  Fall into one of the following categories:
1.  Be a citizen or national of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, American Samoa or Swain’s Island; or
2.  Be a lawfully admitted non-citizen who entered the United States prior to August 22, 1996, or
3.  Be a non-citizen who entered the United States on or after August 22, 1996 and is applying for Medicaid benefits to begin no earlier than five years after the non-citizen’s date of entry into the United States who falls into one of the following categories:
a.  lawfully admitted for permanent residence under the Immigration and Nationality Act (hereafter referred to as the “INA” ) :  No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
b.  paroled into the United States for at least one year under Section 212(d)(5) of the INA: No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
c.  granted conditional entry under Section 203(a)(7) of the INA, as in effect prior to April 1, 1980: No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
d.  determined by the county department, in accordance with guidelines issued by the U.S. Attorney General, to be a spouse, child, parent of a child, or child of a parent who, in circumstances specifically described in 8 U.S.C. sec. 1641, has been battered or subjected to extreme cruelty which necessitates the provision of medical assistance (Medicaid) : No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
e.  lawfully admitted for permanent residence under the INA with 40 qualifying quarters as defined under Title II of the Social Security Act:  No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library.  The 40 quarters is counted based on a combination of the quarters worked by the individual, the individual’s spouse as long as they remain married or spouse is deceased, and/or the individual’s parent while the individual is under age 18; or
4.  Be a non-citizen who arrived in the United States on any date, who falls into one of the following categories:
a.  lawfully residing in Colorado and is an honorably discharged military veteran (also includes spouse, unremarried surviving spouse and unmarried, dependent children); or
b.  lawfully residing in Colorado and is on active duty (excluding training) in the U.S. Armed Forces (also includes spouse, unremarried surviving spouse and unmarried, dependent children); or
c.  granted asylum under Section 208 of the INA: No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
d.  refugee under Section 207 of the INA: No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
e.  deportation withheld under Section 243(h) (as in effect prior to September 30, 1996) or Section 241(b)(3) (as amended by P.L. 104-208) of the INA: No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
f.  Cuban or Haitian entrant, as defined in Section 501(e)(2) of the Refugee Education Assistance Act of 1980 for seven years after the date of entry into the United States: No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
g.  an individual who (1) was born in Canada and possesses at least 50 percent American Indian blood, or is a member of an Indian tribe as defined in 25 U.S.C. sec. 450b(e) : No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
h.  admitted to the U.S. as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (as amended by P.L. 100-461) : No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library; or
i.  lawfully admitted permanent resident who is a Hmong or Highland Lao veteran of the Vietnam conflict for seven years after the date of entry into the United States; or
j.  a victim of a severe form of trafficking in persons, as defined in Section 103 of the Trafficking Victims Act of 2000, 22 U.S.C. 7102 for seven years after the date of entry into the United States:  No amendments or later editions are incorporated.  Copies are available for inspection from the following person at the following address:  Custodian of Records, Colorado Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203-1714.  Any material that has been incorporated by reference in this rule may be examined at any state publications depository library.