NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES
BISMARCK, NORTH DAKOTA
February 3, 2010

IM 5092

TO:		County Social Service Directors
Economic Assistance Policy Regional Representatives
Economic Assistance Policy Quality Control Reviewers

FROM:	Maggie Anderson, Director, Medical Services
		Tove Mandigo, Director, Economic Assistance

SUBJECT:	Iraqi and Afghan Special Immigrant Policy		 

PROGRAMS:	Medicaid, Healthy Steps, TANF and SNAP

EFFECTIVE:	December 19, 2009

RETENTION: 	Until Manualized

SECTIONS 
AFFECTED:	Medicaid: 510-05-35-65 – Aliens Lawfully Admitted for Permanent Residence on or After August 22, 1996 and
		510-05-35-70 – Emergency Services for Non-Citizens 
		Healthy Steps: 510-07-25-45 - Aliens Lawfully Admitted for Permanent Residence on or After August 22, 1996
		TANF: 400-17-15-40 - Citizen or Alien Status 
		SNAP: 430-05-30-60-10 – Eligibility Criteria

This IM is effective December 19, 2009 and supersedes IM 5070.

Section 8120 of the Department of Defense Appropriations Act of 2010 authorized Iraqi and Afghan Special Immigrants and their families to receive public benefits to the same extent and for the same periods of time as refugees, effective December 19, 2009.

Medicaid, Healthy Steps, TANF and SNAP
These special immigrants are treated like refugees for purposes of eligibility for Medicaid, Healthy Steps and TANF.  Therefore, like other refugees, aliens who entered the United States for permanent residence on or after August 22, 1996, and who meet all other Medicaid, Healthy Steps or TANF criteria may be eligible as qualified aliens.  The five-year bar does not apply to Refugee’s.

This change in policy for Medicaid, Healthy Steps and TANF also applies to previous and currently eligible Iraqi and Afghan special immigrants as follows:
•	If the 8 month exemption/eligibility period ended prior to December 19, 2009, the family/individual will have to reapply, but may now be eligible if all other conditions of eligibility are met.
•	If the case closed on or after December 19, 2009 due to reaching the maximum 8 months of eligibility, the case must be reverted to open and continued eligibility determined.

As with other refugees, if these immigrants are determined ineligible for Medicaid and Healthy Steps, they may apply for Refugee Medical Assistance (RMA) per 510-05-95-20 and 510-07-70-25.

LIHEAP
Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a) (27) of the INA. Once found eligible for LIHEAP the household would be eligible for the full season in which they applied.