# COMAR Title 14 — Independent Agencies

## Subtitle 35 — Maryland Health Benefit Exchange

### Chapter 07 — Eligibility Standards for Enrollment in a Qualified Health Plan, Eligibility Standards for APTC and CSR, and Eligibility Standards for Enrollment in a Catastrophic Qualified Health Plan in the Individual Exchange

#### Regulation .06 General Eligibility Requirements — Citizenship and Immigration Status.

*COMAR 14.35.07.06*

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.