Revision 14-4; Effective December 1, 2014
Generally, non-qualified aliens are divided into two groups:
- ineligible aliens, and
- illegal aliens.
These groups of non-qualified aliens are not eligible for regular Medicaid and/or MSP. They may be eligible for Medicaid coverage for treatment of an emergency medical condition.
D-8610 Ineligible Aliens
Revision 21-3; Effective September 1, 2021
Except for cases involving undocumented aliens, use the Systematic Alien Verification for Entitlements (SAVE) Verification Information System (VIS) to verify the alien status on all noncitizens.
Some aliens may be lawfully admitted to the U.S. as "legal nonimmigrants," but only for a temporary or specified time.
The following categories of people are "legal nonimmigrants":
- foreign government representatives on official business and their families and servants;
- visitors for business or pleasure, including exchange visitors;
- aliens in travel status while traveling directly through the U.S.;
- crewmen on shore leave;
- treaty traders and investors and their families;
- foreign students;
- international organization representation and personnel and their families and servants;
- temporary workers, including agricultural contract workers; or
- members of foreign press, radio, film or other information media and their families.
These aliens are called “ineligible aliens” because they are not eligible for full Medicaid, MSP or ME-A&D Emergency due to the temporary (non-resident) nature of their admission status.
Exception: In some cases, an alien in a currently valid legal nonimmigrant classification may meet the residence rules of Texas. When the residency requirement is met, the person is eligible for Medicaid for the treatment of an emergency medical condition if all other eligibility criteria also are met.
Example 1: A domestic employee for a foreign government representative currently conducting business in Texas receives emergency medical care. She files an application for assistance with the medical expenses. The individual states she does not intend to remain in Texas; she is here only while her employer concludes his business. Result: The individual is not eligible for full Medicaid, MSP or ME-A&D Emergency due to the temporary nature of her admission status.
Example 2: An agricultural contract worker suffers an injury while on the job and is hospitalized. He files an application for assistance with the medical expenses, as he does not have any medical insurance. The person states he intends to remain in Texas. He provides verification of his permanent address and rental agreement. Result: The person is potentially eligible for ME-A&D Emergency because he meets residence requirements.
Reminder: If a legal nonimmigrant’s time has expired with no changes to the classification status, follow the illegal aliens procedures.
D-8611 Documents of Ineligible Aliens
Revision 13-4; Effective December 1, 2013
Types of Department of Homeland Security (DHS) documentation for ineligible aliens who are legal nonimmigrants include, but are not limited to:
- Form I-766, valid employment authorization documents;
- Form I-94, Arrival-Departure Record;
- Form I-185, Canadian Border Crossing Card;
- Form I-186, Mexican Border Crossing Card;
- Form SW-434, Mexican Border Visitor's Permit;
- Form I-95A, Crewman's Landing Permit; and
- Visitor visas, such as a B1 visa for business or a B2 visa for pleasure, tourism or medical treatment.
Explore eligibility for Medicaid coverage for treatment of an emergency medical condition for an alien if there is no proof of alien status.
D-8620 Illegal Aliens
Revision 13-1; Effective March 1, 2013
Illegal aliens were either never legally admitted to the United States for any period of time or were admitted for a limited period of time and did not leave the United States when the period of time expired.
Illegal aliens are only eligible for Medicaid for treatment of an emergency medical condition if they meet all other eligibility criteria, including residency requirements. See Section D-3200, Eligibility. Illegal aliens do not have to provide a Social Security number.
When an alien receives a final deportation order but continues to stay, consider the alien to be illegal.
Except for cases involving undocumented aliens, use SAVE VIS to verify the alien status on all non-citizens.
Contact with the Department of Homeland Security (DHS) is not allowed except when the person has given written approval and a request to do so.
If an alien does not wish to contact DHS or give permission, explore eligibility for Medicaid coverage for treatment of an emergency medical condition.