To be eligible for Pregnant Women's Medicaid, an applicant
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 §366.313 adopted to be effective January 1, 2014, 38 TexReg 9467