                                 CODE OF VIRGINIA

LEGAL PRESENCE REQUIRED FOR CERTAIN STATE AND LOCAL PUBLIC BENEFITS; EXCEPTIONS;
DEFINITIONS; PROOF OF LEGAL PRESENCE (§ 32.1-325.03)

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

   1. Medicaid benefits for those residing in long-term institutional facilities
   or participating in home and community based waivers on June 30, 1997, who
   were eligible for full Medicaid benefits shall continue to be eligible for
   Medicaid benefits at state expense if federal financial participation is not
   available;

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

   3. State or local public benefits that are mandated by Federal Law pursuant to
   8 U.S.C. &#xA7; 1621.

B. The determination of eligibility for public benefits as provided in this
chapter shall be subject to the provisions of &#xA7; 63.2-503.1, as applicable.

HISTORY: 2005, cc. 867, 876.