Sec. 14.35.07.06. General Eligibility Requirements — Citizenship and Immigration Status

For the purpose of determining eligibility for enrollment in a QHP under Regulation .05A(1) and (2) of this chapter, an individual shall be considered a citizen or national of the United States if the individual is:

A. A citizen of the United States, including:

(1) An individual who was born in:

(a) One of the 50 states;

(b) The District of Columbia;

(c) Puerto Rico;

(d) Guam;

(e) The Northern Mariana Islands; or

(f) The U.S. Virgin Islands; or

(2) A child born outside of the United States if:

(a) The federal requirements, including the requirements in the Child Citizenship Act of 2000 (Public Law 106-395), are met for the child to automatically acquire United States citizenship upon the child's lawful admission to the United States for permanent residence;

(b) At least one of the child's natural or adoptive parents or stepparents is a United States citizen by birth or naturalization;

(c) The child is younger than 18 years old;

(d) The child resides in the United States in the legal and physical custody of the citizen or naturalized parent; and

(e) The child is a lawful permanent resident of the United States;

B. A naturalized United States citizen; or

C. A national from American Samoa or Swain's Island.