(1) As used in this section, "qualified citizen" means a resident of the United States and meets at least one of the following criteria: (a) a citizen or national of the United States; (b) an alien lawfully admitted for permanent residence as an immigrant, as defined in 8 U.S.C. Secs. 1101(a)(15) and 1101(a)(20), excluding alien visitors, tourists, diplomats, students, or other individuals admitted temporarily without intent to abandon their residence in a foreign country; (c) an alien who has been granted the status of Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980; (d) an individual lawfully residing in the United States in accordance with a Compact of Free Association, as referenced in 8 U.S.C. Sec. 1612(b)(2)(G); or (e) a lawfully present child described in 42 U.S.C. Sec. 1396b(v)(4). (2) Beginning on October 1, 2026, the department: (a) unless required by federal law, may not provide medical assistance to any individual unless that individual is a qualified citizen; (b) shall require that all income of ineligible household members of the applicant be included when calculating financial eligibility for Medicaid to the extent allowed under federal law; (c) shall include an immigration status on all presumptive eligibility applications submitted to the agency; (d) shall require hospitals, clinics, and other qualified entities conducting presumptive eligibility determinations to collect and transmit any attestation to the agency; (e) may not allow a presumptive eligibility application to be approved unless the applicant attests that the applicant is a qualified citizen; and (f) shall conduct regular cross-checks of applicant and enrollee information against federal databases, including the Systematic Alien Verification for Entitlements program.
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