Eligibility for assistance shall be limited to those individuals who are citizens or who meet eligible non-citizen status as specified in 2142.
NOTE: Under federal rules effective October 1, 2026, sections in 2142.1 for refugees, asylees, Amerasians, honorably discharged veterans, and trafficking victims, among others, have been updated to ‘Reserved’ as they are no longer considered FFP eligible non-citizen statuses. See section 2142.2 for those who had adjusted to a lawful permanent resident status.
Non-citizens who are not described in 2142, including persons not lawfully admitted to the United States and persons admitted for temporary purposes, shall not be eligible for benefits, except for emergency medical benefits as described in 2691 or TB as described in 2692 or victims of trafficking as described in 2144. This is true even though the non-citizen may be receiving other government benefits such as Medicare. Other examples of non-eligible persons include those who are granted stays of deportation, persons admitted under the Family Unity provision, foreign visitors, tourists, diplomats, or students who enter the United States temporarily with no intention of abandoning their residence in a foreign country. A non-citizen who enters the United States for a limited period of time and subsequently decides to remain in the United States must go back to INS and obtain appropriate documentation before his or her eligibility can be established.
At the time of application, the client who signs the application form certifies under penalty of perjury the truth of the information concerning citizenship and non-citizen status of all household members for whom assistance is requested.
NOTE: For cases in which assistance is provided on behalf of a child, only the citizenship or non-citizen status of the child who is the primary beneficiary is relevant for eligibility purposes. Citizenship or non-citizen status should never be requested or newly verified through the Federal Data Hub for a non-applicant.
Citizens of the United States of America include persons born in any of the 50 states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, Swains Island, and the Northern Mariana Islands. Persons born in the Panama Canal Zone from 1904 to October 1, 1979 received citizenship at birth if one or both parents was a U.S. citizen. In addition, based on the provisions of the Child Citizenship Act, children born outside of the United States who are under 18, admitted to the U.S. as a lawful permanent resident, and in the legal and physical custody of a citizen parent are considered citizens at birth per 2141.1 and meet citizenship criteria automatically.
NOTE: Citizens of Micronesia, Palau, and the Marshall Islands have the right to enter, work, and establish residence as a non-immigrant in the United States. They are not considered citizens of the United States and must meet the qualifications of 2142 for medical program assistance. See additional details for this group under 2142.1 (11).
With the exception of individuals born in the U.S. to foreign sovereigns or diplomatic officers, all individuals born in the United States are U.S. citizens. In addition, many persons born in the U.S. territories are also citizens. Most other individuals born outside of the U.S. must become citizens through naturalization. However, certain children born outside the United States establish citizenship at birth without completing the naturalization process. These individuals are also considered citizens at birth. Although individuals who meet the criteria were issued immigration documents in order to enter the United States, some may not have obtained a Certificate of Citizenship from the Department of Homeland Security, formerly INS.
Foreign-born individuals born to or adopted by at least one citizen parent are potentially considered citizens at birth. The following rules shall be considered when determining if a foreign-born individual is a citizen at birth.
See 2145 for citizenship documentation requirements.
Eligibility for medical benefits is limited to the following groups of eligible non-citizens who also meet state residency requirements. Documentation requirements are specified in the KDHE Policy Eligibility Appendix Item A-1, Non-Citizen Qualification Chart. The 5 year waiting period on receipt of assistance described in 2142.2 does NOT apply to the following non-citizens.
The following non-citizens are eligible for assistance:
NOTE: Sections for refugees, asylees, Amerasians, honorably discharged veterans, and trafficking victims, among others, have been updated to ‘Reserved’ as they are no longer considered FFP eligible non-citizen statuses under federal rules effective October 1, 2026. See section 2142.2 for those who had adjusted to a lawful permanent resident status.
Persons lawfully admitted for permanent residense, or lawful permanent residents (LPRs) who entered the U.S. after August 22, 1996 qualify for medical benefits (if otherwise eligible) after they have been in the United States for 5 years from their date of entry or have had the listed statuses for five (5) years.
If they have not been in the country for five (5) years from date of entry, they do not meet non-citizen criteria and are ineligible.
The date of entry for persons who entered the country on or after August 22, 1996 is the date the individual became lawfully present. The date the immigrant actually entered the country is not relevant unless it is prior to August 22, 1996.
An exception to the 5-year requirement exists for certain non-citizens who have adjusted to LPR status from another status previously exempt from the five-year bar prior to October 1, 2026. This includes individuals who adjust to LPR status from a refugee, asylee, certain Ukrainian or Afghan parolees, and Iraqi and Afghan Special Immigrant Statuses.
NOTE: Prior to adjusting LPR status, these individuals are considered ineligible non-citizens.
Reserved