All citizens of the United States are eligible to receive Medicaid benefits. Certain "qualified aliens" as defined under 8 U.S.C.S. § 1641 are also entitled to Medicaid benefits. States are authorized to determine the eligibility of a "qualified alien."

Permanent resident aliens who have worked for or credited with 40 qualifying quarters of Social Security coverage and who did not receive coverage are also eligible for Medicaid. An alien who resides in the United States but is on active duty in the United States Armed Forces is eligible for Medicaid, as are his spouse, unmarried dependent child, or unremarried surviving spouse. Honorably discharged aliens are also eligible to receive Medicaid benefits.

Certain aliens must have been in the country for a specific period of time before they are eligible to receive Medicaid benefits. Aliens who are refugees, have been granted asylum, who have had their deportation withheld, or who have been granted certain status (certain Haitian, Cuban, and Amerasian entrants) must wait seven years from the entry or withholding date before they can apply for Medicaid benefits pursuant to federal law.

The Balanced Budget Act of 1997 extended eligibility for non-citizens who were lawfully in the country and receiving Social Security Income (SSI) benefits as of August 22, 1996. Blind and disabled non-citizens who were entitled to receive SSI benefits and were lawfully residing in the United States on August 22, 1996 are also eligible for Medicaid.

Because Medicaid programs are also funded and are administered at the state and local levels, applicants must meet individual states' residency requirements. States are not allowed to set length-of-stay residency requirements. Generally, an intent to reside indefinitely within the state is sufficient. States also have discretion to set different time limits for "qualified aliens," i.e., states may allow "qualified aliens" to apply for benefits after less than seven years. States may decide whether they will extend Medicaid benefits to non-citizens but may not deny a non-citizen emergency medical treatment.

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