Section 17-1724.1-37 - Income of the sponsor of a non-citizen(a) The sponsor of a non-citizen who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act on or after December 19, 1997, shall have their income and their spouse's income deemed as available to a non-citizen requesting medical assistance.(b) The income of a non-citizen's sponsor and the sponsor's spouse shall be deemed available to the non-citizen until such time as the non-citizen: (1) Achieves United States citizenship through naturalization pursuant to chapter 2 of Title III of the INA; or(2) Has worked forty qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with such qualifying quarters as provided under 8 U.S.C. § 1645. In the case of any such qualifying quarter beginning after December 31, 1996, the non-citizen must not have received any Federal means-tested public benefit during any such period.(c) The non-citizen's failure to provide information and verification regarding the income of their sponsor and the sponsor's spouse as applicable shall disqualify the non-citizen from receiving medical assistance.(d) The income of a non-citizen's sponsor and the sponsor's spouse shall not be deemed available to a non-citizen for coverage of emergency medical assistance as described in chapter 17-1723.1.(e) Special provisions shall apply in the case of an indigent non-citizen. The deeming of income in subsection (a) shall not be applicable for a twelvemonth period from the date a non-citizen is determined to be indigent. (1) The department may determine a non-citizen to be indigent when the non-citizen is unable to obtain food and shelter because the non-citizen's own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor and the sponsor's spouse does not exceed one hundred thirty-three per cent of the federal poverty level for the non-citizen's household size;(2) The department will only consider the actual amount contributed by the sponsor and the sponsor's spouse for a twelve month period, which begins on the date of such determination and ends twelve months after such date;(3) Each period of indigence is renewable for additional twelve month periods; and(4) The department must notify the federal Attorney General of each such determination, including the names of the sponsor and the sponsored non-citizen involved.(f) Special provisions for a battered spouse and child. Non-deeming of income of the sponsor and the sponsor's spouse described in subsection (a) if the sponsor and the sponsor's spouse are the batterer and the spouse of the batterer, applies only for the period the non-citizen is not residing in the same residence of the batterer not to exceed twelve months. (1) This provision applies to: (A) A non-citizen who was battered or subjected to extreme cruelty in the U.S. by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same residence as the non-citizen and the spouse or parent consented to or acquiesced to such battery or cruelty;(B) A non-citizen whose child was battered or subjected to extreme cruelty in the U.S. by the spouse or parent of the non-citizen who did not actively participate in such battery or cruelty or by a member of the spouse's or parent's family residing in the same residence as the non-citizen when the spouse or parent consented or acquiesced to such battery or cruelty; or(C) A non-citizen child who was residing with the parent who was battered or subjected to extreme cruelty in the U.S. by that parent's spouse or by a member of the spouse's family residing in the same residence as the parent and the spouse consented to, or acquiesced in such battery or cruelty described in any of the paragraphs under this subsection.(2) The department shall determine whether the battery or cruelty is substantially connected to the need for public benefits which means that without the support of the batterer, the non-citizen is unable to obtain food and shelter because the non-citizen's own income plus any cash, food, housing, or assistance provided by other individuals including the sponsor, does not exceed one hundred thirty-three per cent of the federal poverty level for the non-citizen's household size.(3) After the twelve month period ends, the department shall continue to exempt the batterer's income when the battery or cruelty is recognized in an order of a judge or administrative law judge or a prior determination of the USCIS, and the department determines that such battery or cruelty still has a substantial connection to the need for benefits. Haw. Code R. § 17-1724.1-37
[Eff 09/30/13] (Auth: HRS § 346-53; 42 C.F.R. §§435.631, 435.831; 8 U.S.C. §§1631, 1632, 1645) (Imp: HRS § 346-29; 42 C.F.R. §§435.631, 435.831; 8 U.S.C. §§1631, 1632, 1645) [Am and Comp 11/10/2016] (Auth: HRS 42 USC § 1396b(v)(4)(A)) (Imp: HRS Sec. 214, P.L. 111-3; 42 USC § 1396b(v)(4)(A) )