Emergency Services for Non-Citizens 510-05-35-70

(Revised 10/1/2023 ML #3747)

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

 

Non-qualified aliens -- Ineligible aliens, illegal aliens, permanent non-immigrants (identified in subsection 3 of 05-35-55), and qualified aliens, who are not eligible for Medicaid because of the time limitations or forty qualifying quarters of social security coverage requirement, may be eligible to receive emergency services that are not related to an organ transplant procedure, if all of the following conditions are met:

  1. The alien has a medical condition (including labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in:
  1. Placing health in serious jeopardy;
  2. Serious impairment to bodily functions; or
  3. Serious dysfunction of any bodily organ or part.

 

  1. The alien meets all other eligibility requirements for Medicaid except illegal aliens do not have to meet the requirements concerning furnishing social security numbers and verification of alien status; and

 

  1. The alien’s need for the emergency service continues. Eligibility for Medicaid ends when the emergency service has been provided, and does not include coverage of follow-up care if the follow-up care is not an emergency service. A pregnant woman may be covered from the date she entered the hospital for labor and delivery through the date she was discharged. A pregnant woman who delivers a child and is covered under this provision is not eligible for the twelve month period of eligibility after pregnancy. Her child, however, is a citizen and may be eligible for twelve months of continuous coverage.

    When a non-qualified alien is requesting coverage for ‘Emergency Services’ for reasons other than childbirth, a completed SFN 451, Eligibility Report on Disability/Incapacity and medical reports must be submitted to the State Review Team for a determination of whether the medical condition meets ALL the criteria listed in #1 above.

Note: Remember to check the box in the upper right hand corner titled ‘Emergency Services’.

 

  1. Pregnant women who are lawfully present in the United States and are otherwise eligible for medical assistance are not subject to the five-year waiting period/ forty quarter requirement through the 12 month postpartum period.