Emergency Services for Non-Citizens 510-03-35-70

(Revised 10/1/2026 Release 26.4)

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(N.D.A.C. Section 75-02-02.1-18)

 

  1. The following non-citizens may be eligible for Emergency Services if they meet all other Medicaid requirements:

    1. Non-citizens who are lawfully present in the U.S. but are not eligible for Medicaid due to immigration status (see Qualified Non-Citizens);

    2. Lawful Permanent Residents who are not eligible because they must meet but have not met the five-year waiting period and/or 40 work-quarter requirement (see Qualified Non-Citizens);

    3. Ineligible non-citizens who are in the U.S. temporarily (see Ineligible Non-Citizens); and

    4. Undocumented non-citizens.

  2. The following conditions must be met to qualify for Emergency Services:

    1. The individual has a medical condition, including labor and delivery, with symptoms (including severe pain) serious enough that the absence of immediate medical attention could reasonably be expected to place the individual’s health in serious jeopardy, cause serious impairment to bodily functions, or cause serious dysfunction of a bodily organ or part.

    2. The medical condition cannot be related to an organ transplant procedure.

    3. The individual must meet all other Medicaid eligibility requirements, except undocumented non-citizens are not required to provide verification of SSN and citizenship.

    4. Medicaid coverage under Emergency Services ends once the emergency services have been provided. Emergency Services do not cover follow-up care that is not an emergency.

    5. Pregnant women who are not lawfully present may be eligible for Emergency Services from hospital admission for labor and delivery through discharge. They are not eligible for the 12 months of coverage after birth under this provision. The baby is a U.S. citizen and may be eligible for 12 months of continuous coverage.

    6. When an ineligible non-citizen requests Emergency Services for a reason other than childbirth, complete SFN 451, Eligibility Report on Disability/Incapacity, and send it to the State Review Team (SRT). The SRT reviews the medical records and determines whether the condition meets all Emergency Services criteria.