32.1-325.03 - Legal presence required for certain state and local public benefits; exceptions; definitions; proof of legal presence. - Virginia Statutes

§ 32.1-325.03. Legal presence required for certain state and local publicbenefits; exceptions; definitions; proof of legal presence.

A. In addition to meeting the existing eligibility requirements of thebenefits applied for, no person who is not a United States Citizen or legallypresent in the United States shall receive medical services under thischapter, except for the following:

1. Medicaid benefits for those residing in long-term institutional facilitiesor participating in home and community based waivers on June 30, 1997, whowere eligible for full Medicaid benefits shall continue to be eligible forMedicaid benefits at state expense if federal financial participation is notavailable;

2. Medicaid benefits for those who because of alien requirements pursuant tothe federal Personal Responsibility and Work Opportunity Reconciliation Actof 1996 (Public Law 104-193) (i) are under the age of 19 years and (ii) wouldbe eligible for full Medicaid benefits if the alien requirements prior to thepassage of the Personal Responsibility and Work Opportunity ReconciliationAct of 1996 were still in effect. However, such person upon reaching the ageof 19 years shall comply with the provisions of this section; and

3. State or local public benefits that are mandated by Federal Law pursuantto 8 U.S.C. § 1621.

B. The determination of eligibility for public benefits as provided in thischapter shall be subject to the provisions of § 63.2-503.1, as applicable.

(2005, cc. 867, 876.)