# 89 Ill. Adm. Code 120.310: Section 120.310 Citizenship

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_310

## Section

- **Citation:** 89 Ill. Adm. Code 120.310
- **Heading:** Section 120.310 Citizenship
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES / Part 120 MEDICAL ASSISTANCE PROGRAMS / Section 120.310 Citizenship

## Text

Section 120.310  Citizenship
To be eligible for assistance,
an individual shall be either a United States (U.S.) citizen or a non‑citizen
within specific categories and subject to specific restrictions set forth in
subsection (a) and (b).
a)         Citizenship status – Persons born in the U.S., or in its
possessions, are U.S. citizens.  Citizenship can also be acquired by
naturalization through court proceedings, or by certain persons born in a
foreign country of U.S. citizen parents.
b)         Non-citizens
1)         The following categories of non-citizens may receive
assistance, if otherwise eligible:
A)        A U.S. veteran honorably discharged and a person on active
military duty, and the spouse and unmarried dependent children of that person;
B)        Refugees under section 207 of the Immigration and Nationality
Act (INA);
C)        Asylees under section 208 of INA;
D)        Persons for whom deportation has been withheld under section
243(h) of INA;
E)        Persons granted conditional entry under section 203(a)(7) of
INA as in effect prior to April 1, 1980;
F)         Persons lawfully admitted for permanent residence under INA;
G)        Parolees, for at least one year, under section 212(d)(5) of
INA;
H)        Nationals of Cuba or Haiti;
I)         Persons identified by the Federal Office of Refugee
Resettlement (ORR) as victims of trafficking;
J)         Amerasians from Vietnam;
K)        Members of the Hmong or Highland Laotian tribe when the tribe
helped U.S. personnel by taking part in a military or rescue operation during
the Vietnam era;
L)        American Indians born in Canada; and
M)       Persons who are a spouse, widow or child of a U.S. citizen or a
spouse or child of a legal permanent resident (LPR) who have been battered or
subjected to extreme cruelty by the U.S
Members of the Hmong or Highland Laotian tribe when the tribe
helped U.S. personnel by taking part in a military or rescue operation during
the Vietnam era;
L)        American Indians born in Canada; and
M)       Persons who are a spouse, widow or child of a U.S. citizen or a
spouse or child of a legal permanent resident (LPR) who have been battered or
subjected to extreme cruelty by the U.S. citizen or LPR or a member of that
relative's family who lived with them, who no longer live with the abuser or
plan to live separately within one month of assistance and whose need for
assistance is due, at least in part, to the abuse.
2)         Those persons who are in the category set forth in subsection
(b)(1)(F) of this Section, who enter the United States on or after August 22,
1996, shall not be eligible for five years beginning on the date the person
entered the United States, with the exception of Iraqi and Afghan special
immigrants under section 101(a)(27) of INA (8 USC 1101(a)(27)).  Iraqi and
Afghan special immigrants are eligible for a limited period of time established
by the federal government.  The limited time period begins with either the date
the person entered the United States as a special immigrant or the date his or
her status was adjusted within the United States.
3)         Those persons who are in the category set forth in subsection
(b)(1)(G) of this Section, who enter the United States on or after August 22,
1996, shall not be eligible for five years beginning on the date the person
entered the United States
ther the date
the person entered the United States as a special immigrant or the date his or
her status was adjusted within the United States.
3)         Those persons who are in the category set forth in subsection
(b)(1)(G) of this Section, who enter the United States on or after August 22,
1996, shall not be eligible for five years beginning on the date the person
entered the United States.
4)         Notwithstanding the provisions of subsections (b)(1) and (2)
of this Section, any non-citizen is eligible for medical assistance if the
non-citizen otherwise meets the income, asset and categorical requirements of
the medical assistance program and is in need of emergency services required as
a result of a medical condition (including labor and delivery) manifesting
itself by acute symptoms of sufficient severity (including severe pain) that
the absence of immediate medical attention could reasonably be expected to
result in:
A)        placing the non-citizen's health in serious jeopardy;
B)        serious impairments to bodily functions; or
C)        serious dysfunction of any organ or part (42 USC 1396(b)(v)).

## Nearby sections

- [89 Ill. Adm. Code 120.309 Section 120.309  Caretaker Relative](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_309.md)
- [89 Ill. Adm. Code 120.310 Section 120.310  Citizenship](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_310.md)
- [89 Ill. Adm. Code 120.311 Section 120.311  Residence](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_311.md)
- [89 Ill. Adm. Code 120.312 Section 120.312  Age](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_312.md)
- [89 Ill. Adm. Code 120.313 Section 120.313  Blind](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_313.md)
- [89 Ill. Adm. Code 120.314 Section 120.314  Disabled](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_314.md)
- [89 Ill. Adm. Code 120.315 Section 120.315  Relationship](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_315.md)
- [89 Ill. Adm. Code 120.316 Section 120.316  Living Arrangement](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_316.md)
- [89 Ill. Adm. Code 120.317 Section 120.317  Supplemental Payments](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_317.md)
- [89 Ill. Adm. Code 120.318 Section 120.318  Institutional Status](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_318.md)
- [89 Ill. Adm. Code 120.319 Section 120.319  Assignment of Rights to Medical Support and Collection of Payment](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_319.md)
- [89 Ill. Adm. Code 120.320 Section 120.320  Cooperation in Establishing Paternity and Obtaining Medical Support](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_320.md)
- [89 Ill. Adm. Code 120.321 Section 120.321  Good Cause for Failure to Cooperate in Establishing Paternity and Obtaining Medical Support](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_321.md)
- [89 Ill. Adm. Code 120.322 Section 120.322  Proof of Good Cause for Failure to Cooperate in Establishing Paternity and Obtaining Medical Support](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_322.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_310. Check the current official text before relying on it. Not legal advice.