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:

1. A. A citizen of the United States, including:

   1. (1) An individual who was born in:

      1. (a) One of the 50 states;
      2. (b) The District of Columbia;
      3. (c) Puerto Rico;
      4. (d) Guam;
      5. (e) The Northern Mariana Islands; or
      6. (f) The U.S. Virgin Islands; or

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

      1. (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;
      2. (b) At least one of the child's natural or adoptive parents or stepparents is a United States citizen by birth or naturalization;
      3. (c) The child is younger than 18 years old;
      4. (d) The child resides in the United States in the legal and physical custody of the citizen or naturalized parent; and
      5. (e) The child is a lawful permanent resident of the United States;
2. B. A naturalized United States citizen; or
3. C. A national from American Samoa or Swain's Island.

Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of Maryland

Effective date: April 15, 2013 (40:7 Md. R. 612)

Regulation .01 repealed and new Regulations .01—.21 adopted effective March 11, 2019 (46:5 Md. R. 307)

Regulation .02B amended effective November 29, 2021 (48:24 Md. R. 1025)

Regulation .08 amended effective February 19, 2024 (51:3 Md. R.154)

Regulation .08E amended effective February 17, 2025 (52:3 Md. R. 160)

Regulation .11B, D amended effective June 13, 2022 (49:12 Md. R. 642)

Regulation .11F amended effective February 17, 2025 (52:3 Md. R. 160)

Regulation .12 amended effective June 13, 2022 (49:12 Md. R. 642)

Regulation .12E amended effective February 17, 2025 (52:3 Md. R. 160)

Regulation .12E, F amended effective February 19, 2024 (51:3 Md. R.154)

Regulation .13B, E amended effective June 13, 2022 (49:12 Md. R. 642)

Regulation .13E amended effective February 17, 2025 (52:3 Md. R. 160)

Regulation .14E amended effective February 19, 2024 (51:3 Md. R.154)

Regulation .14G adopted effective February 19, 2024 (51:3 Md. R.154)

Regulation .18A, D amended effective June 13, 2022 (49:12 Md. R. 642)

Regulation .18D amended effective February 17, 2025 (52:3 Md. R. 160)

Regulation .19 amended effective June 13, 2022 (49:12 Md. R. 642)

Regulation .19M, O amended effective February 17, 2025 (52:3 Md. R. 160)

Regulation .19 N amended effective February 19, 2024 (51:3 Md. R.154)

Regulation .22 adopted as an emergency provision effective May 10, 2023 (50:11 Md. R. 444); adopted permanently effective October 16, 2023 (50:20 Md. R. 889)

Regulation .23 adopted effective August 5, 2024 (51:15 Md. R. 710)