In accordance with 42 CFR §435.406, to be eligible for the Medically Needy Program, a person must be:
  (1) a citizen or national of the United States;
  (2) an alien who legally entered the United States before August 22, 1996, and who meets the eligibility criteria in 8 U.S.C. §1641(b) or (c);
  (3) an alien who legally entered the United States on or after August 22, 1996, and who meets the eligibility criteria in 8 U.S.C. §1612(b) and §1613, except that a legal permanent resident alien is eligible after residing in the United States for five years only if the alien meets one of the following eligibility requirements:
    (A) the alien is an honorably discharged veteran or active duty military personnel;
    (B) the alien is a spouse, unmarried surviving spouse, or minor unmarried child of an honorably discharged veteran or active duty military personnel (if a surviving spouse of a deceased veteran or active duty military person, the surviving spouse must not have remarried);
    (C) the alien entered the United States before August 22, 1996, and remained continuously present in the United States (a single absence from the United States of more than 30 days or a combined absence of more than 90 days interrupts the "continuous presence") since at least August 21, 1996, until obtaining qualifying immigrant status (an alien who entered the United States without proper documents or overstayed his or her visa, is treated the same as an alien who entered and remained in the United States with valid immigration documents);
    (D) the alien entered the United States with a status described in the Texas Works Handbook, Item A-342, Chart C and meets those eligibility criteria, or meets the criteria in the Texas Works Handbook, Item A-343, How to Determine Eligibility for Battered Aliens; or
    (E) the alien meets the 40 qualifying quarters requirements in the Texas Works Handbook, Item A-354, Verifying 40 "Qualifying Quarters," and five years have passed since the alien's legal date of entry; or
  (4) an alien child 18 years of age or under who meets the definition of a qualified alien at 8 U.S.C. §1641(b).

Source Note: The provisions of this §366.813 adopted to be effective January 1, 2014, 38 TexReg 9467