5011-6 DOCUMENTATION OF UNITED STATES CITIZENSHIP AND ELIGIBLE ALIEN STATUS
5011-6 A. VERIFICATION OF U.S. cITIZENSHIP aND IDENTITY IS NOT REQUIRED FOR:
A current Supplemental Security Income
(SSI) recipient;
A current Medicare recipient;
An individual receiving Social Security
Disability Insurance (SSDI) benefits;
Children in state foster care or
Title IV-E adoption assistance; or
A newborn that is eligible for and receives Medicaid in their birth month. This includes a newborn whose mother is a non-qualified alien and is determined eligible under Emergency Treatment for Aliens. These newborns are considered to have provided satisfactory documentation of citizenship and identity, and no further documentation will be necessary in the future.
Note:
Although recipients of SSDI, SSI,
or Medicare are exempt from verifying their U.S.
citizenship, this exemption only applies to individuals that claim to
be U.S. citizens or nationals. If the
individual does not claim to be a U.S.
citizen or national, they are not exempt from verifying their alien status.
Medicaid cannot be approved until proof of alien status is received (except
Emergency Treatment for Aliens).
Verification of U.S. citizenship or immigration status is needed only for the individuals who will receive benefits, not for individuals applying for or renewing Medicaid or Denali KidCare on behalf of someone else.
Note:
If an individual who is a mandatory household member is found ineligible
for Medicaid for lack of verification of citizenship and identity, or
immigration status, that individual’s needs, income, and resources continue
to be included in the financial eligibility determination for the household.
Individuals who declare they are U.S. citizens or nationals must be given a reasonable opportunity (90 days) to provide verification of their citizenship. Eligibility for Medicaid may not be denied or delayed during this reasonable opportunity period if the individual meets all other eligibility factors except for verification of U.S. citizenship.
In most cases, proof of citizenship will be available within a few days through a SVES data match with SSA. See MS 5011-6B for more information on the SVES data match. If the SVES response does not verify citizenship, the caseworker must:
Confirm that the correct name and
Social Security Number was used for the SVES
data match. If not, the caseworker must make the corrections in EIS
and request a new SVES data match.
Determine if the individual is exempt
from the requirement to provide verification of U.S.
citizenship, or if verification of citizenship is readily available
through some other means.
If the caseworker determines that verification of U.S. Citizenship is still necessary, the caseworker must request that the household provide verification of U.S. citizenship for the individual in question, giving the household 90 days to provide this required verification.
If, by the end of the 90 day period, the verification has not been received and the caseworker has not been able to verify citizenship in any other way, the individual will have their Medicaid eligibility terminated with timely notice of adverse action.
Individuals that have received a 90-day period to provide proof of U.S. citizenship are not entitled to receive it again.. No further Medicaid benefits will be authorized for the individual until verification of their U.S. citizenship is received.
Note:
Children under the age of 19 are not eligible for a 12-month continuous
eligibility period if their claim to be a U.S.
citizens or national is not verified. See Section
5007.
Qualified aliens must provide verification of their satisfactory immigration status when they apply for Medicaid benefits.
Note:
Verification of satisfactory immigration status is not required for an
alien applying for treatment of an emergency medical condition. See
Section 5600.
5011-6 B. ACCEPTABLE DOCUMENTATION
Verification of citizenship and identity must be obtained from original documents or certified copies from the issuing agency, unless verification is obtained through the Bureau of Vital Statistics (BVS), State Verification Exchange System (SVES), or Permanent Fund Dividend (PFD) interfaces as described below.
Note:
An additional form of identity verification is required when citizenship
verification is obtained through the Bureau of Vital Statistics or the
Permanent Fund Dividend interface. An additional form of identity verification
is not required when citizenship is verified through SVES.
An agency staff member or out-stationed staff will make a photocopy of the documents for the case file and stamp or note on the copy that an original or a certified copy was seen.
A DPA contracted fee agent or authorized member of a tribal health organization may also verify and note on the photocopy that an original or certified copy was seen. Uncertified copies, including notarized copies are not acceptable. A list of currently approved fee agents and tribal health agency staff is available on the DPA web under DPA related links.
Although some documents contain a statement, DO NOT COPY, DPA staff may copy and file these documents in the case file for the official purpose of establishing Medicaid eligibility.
Once a person’s citizenship is documented and recorded, it is not necessary to get proof again unless that person’s citizenship becomes questionable.
Data Matches and Interfaces:
For citizenship, verification may be obtained from a data match or online access with the Bureau of Vital Statistics (BVS), State Verification Exchange System (SVES) interface, or from information on the PFD interface.
BVS Data Match. When birth information is verified through an automated data match with BVS, the EIS HERC screen will be coded with BV overriding any prior code. No screen print is required for the case file.
SVES Data Match. The SVES interface may be used to verify a person's SSN. It may also be used to verify both US citizenship and identity. The caseworker may accomplish this by submitting a SVES inquiry for one or more persons on the INME/SVIR or SSDO screens. If the person is a Medicaid applicant or recipient and has a valid Social Security Number, EIS will enter an SV code in the SSN, Citizenship, and Identity verification fields on the SSDO and HERC screens, as follows:
SSN verification, SSDO screen. If the SVES response shows that the person's SSN is valid, an SV code will be entered in the SSN verification field. If the SSN verification field has a PE code and a pend date entered, the SV code will replace the PE code, remove the pend date, and advise the caseworker of the change through a client alert.
Citizenship verification, HERC screen. If the SVES inquiry confirms that the person is a U.S. citizen, an SV code will be entered in the citizenship verification field. The SV code will not replace higher priority codes of 1A, 2A, 3A, 4A, or BV. If the verification field has a PE code and a pend date entered, the SV code will replace the PE code, remove the pend date, and advise the caseworker of the change through a client alert.
Identity verification, HERC screen. If the SVES inquiry confirms the person's identity, an SV code will be entered in the identity verification field. The SV code will not replace higher priority codes of 1A or 5A. If the verification field has a PE code and a pend date entered, the SV code will replace the PE code, remove the pend date, and advise the caseworker of the change through a client alert.
PFD Data Match. The PFD interface may be used for individuals who applied for a PFD for the first time in 1989 or after and claim U.S. citizenship. The PFD Division requires that an original or certified copy of a birth certificate, certificate of naturalization or other acceptable document be submitted. When a birth certificate is received, the state of birth is recorded in the PFD data with a two letter state identifier. The PFD interface can be accepted as verification of citizenship when all of the following information appears on the screen:
US Citizenship (CITIZEN FLAG) is Y
Place of birth (BIRTH STATE) is two digit state code
Year of first application (FIRST APP YEAR) is 1989 or later
When the birth state field shows //, other verification of citizenship is required as this code means the individual was born in another country, for example when someone is a naturalized citizen.
If information obtained from the client, is not consistent with information from the PFD interface, additional documentation must be obtained from the client to verify citizenship.
When birth information is verified through the online BVS access look up, or the PFD interface, enter code IN in the verification field on the EIS HERC screen. A screen print of the information must be placed in case file. For BVS, the screen print must be marked For DPA Use Only. These screen prints should not be copied for other uses.
If verification is not available through the BVS, SVES, or PFD interface, and there is no record that an original or certified copy was seen, this documentation must be requested from the applicant or recipient.
Levels of Acceptable Documents:
The list below provides allowable documentation for verifying U.S. citizenship and identity. There are four levels of verification listed in order of preference. If a higher level document is not available, a lower level may be used.
Level One: Acceptable for Both Proof of Citizenship and Identity
A U.S. Passport;
A Certificate of Naturalization (Forms N-550 or N-570); or
A Certificate of U.S. Citizenship (Forms N-560 or N-561); or
A document issued by a federally recognized Indian Tribe evidencing membership or enrollment in, or affiliation with, such tribe (such as a tribal enrollment card or certificate of degree of Indian blood).
Level Two: Acceptable for Proof of Citizenship: (Must have an additional form of identity verification.)
Verification of birth through a Bureau of Vital Statistics (BVS) online access or an electronic BVS data match;
Permanent Fund Dividend (PFD) interface;
A U.S. birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam (on or after April 10, 1899), the Virgin Islands of the U.S. (on or after January 17, 1917), American Samoa, Swain’s Island, or the Northern Mariana Islands (after November 4, 1986) recorded before 5 years of age;
A Certification of Report of Birth (Forms FS-545 or DS-1350);
A Report of Birth Abroad of a U.S. Citizen (Form FS-240);
A U.S. Citizen I.D. Card (Forms I-179 or I-197);
An American Indian Card (I-872) issued by the Department of Homeland Security with the classification code KIC;
A Northern Mariana Identification Card (Form I-873);
A final adoption decree showing the child’s name and U.S. place of birth;
Evidence of U.S. Civil Service employment before June 1, 1976;
U.S. Military Record showing a U.S. place of birth, such as a DD-214, or similar official document that shows a U.S. place of birth; or
Evidence of meeting the automatic criteria for U.S. citizenship under the Child Citizenship Act of 2000. See sections 5011-7 and 5011-8.
Level Three: (Must have an additional form of identity verification.)
Level three documents are allowed when both primary and secondary verification is not available and include:
For individuals who are age 16 or older, an extract of a hospital birth record on hospital letterhead established at the time of the person’s birth that was created five years before the initial application date and that indicates a U.S. place of birth. This may also include medical records of post-natal care. For children under age 16, the document must have been created near the time of birth or five years before the date of application;
Note:
A souvenir birth certificate issued by a hospital is not acceptable verification
Life, health, or other insurance record showing a U.S. place of birth that was created at least five years before the initial application date and that indicates a U.S. place of birth. For children under age 16, the document must have been created near the time of birth or five years before the date of application;
Religious record recorded in the U.S. within three months of birth showing the birth occurred in the U.S. and showing either the date of the birth or the individual's age at the time the record was made. The record must be an official record, such as a baptismal certificate that is recorded with the religious organization. This does not include entries in a family bible; or
Early school record showing a U.S. place of birth. The school record must show the name of the child, the date of admission to the school, the date of birth, a U.S. place of birth, and the name(s) and place(s) of birth of the applicant's parents.
Level Four: (Must have an additional form of identity verification.)
Level four documents are allowed when first, second and third level verification is not available and include:
One of the following documents that shows a U.S. place of birth and was created at least five years before the application for Medicaid For children under 16, the document must have been created near the time or birth or 5 years before the date of application:
Seneca Indian tribal census record;
Bureau of Indian Affairs tribal census records of the Navajo Indians;
U.S. State Vital Statistics official notification of birth registration;
A delayed U.S. public birth record that is recorded more than five years after the person’s birth;
Statement signed by the physician or midwife who was in attendance at the time of birth;
Medical (clinic, doctor, or hospital) record created at least five years before the initial application date that indicates a U.S. place of birth.
The Roll of Alaska Natives maintained by the Bureau of Indian Affairs. The Roll only contains information of individuals who were born prior to December 18, 1971. Using a release of information, staff may contact the Bureau of Indian Affairs to request information and documentation on the individual from the Roll;
Institutional admission papers from a nursing facility, skilled care facility or other institution created at least 5 years before the initial application date that indicates a U.S. place of birth; or
As a Last Resort:
A written declaration made by at
least two individuals of whom one is not related to the applicant/recipient
and who have personal knowledge of the event(s) establishing the applicant’s
or recipient’s claim of citizenship. If known, the declaration
should also explain why documentary evidence establishing the applicant’s
claim of citizenship does not exist or cannot be readily obtained.
The person(s) making the declaration must be able to provide
proof of his/her own citizenship and identity for the declaration
to be accepted
A separate declaration is needed from the applicant or recipient, or
other knowledgeable individual (guardian or representative) explaining
why the evidence does not exist or cannot be obtained. The
declarations must be signed under penalty of perjury.
Acceptable Proof of Identity: (Must have an additional verification of citizenship.)
A driver’s license issued by a state or territory with a photograph of the individual or other identifying information such as name, age, sex, race, height, weight, or eye color. A voter's registration card or Canadian driver's licenses are not acceptable verification;
Identification card issued by the federal, state, or local government with the same information included on driver’s licenses listed above;
School identification card with a photograph of the individual;
U.S. military card or draft record;
Military dependent’s identification card;
U.S. Coast Guard Merchant Mariner card; or
When no Other Identity Document is Available:
Three or more documents that together reasonably confirm the identity of an individual, such as employer identification cards, high school and college diplomas from accredited institutions (including general education and high school equivalency diplomas), marriage certificates, divorce decrees and property deeds/titles. The documents must list the individual's name, plus any additional information establishing the individual's identity and must have consistent identifying information. This form of identity may not be used when U.S. citizenship is documented under level four.
Identity for Children Under age 16:
Clinic, doctor or hospital record;
School records, which may include nursery or daycare record and report cards. Verification of these records must be made with the issuing school; or
A Medicaid application or a declaration that states the date and place of the child’s birth that is signed by a parent, guardian, or caretaker relative under penalty of perjury. The Medicaid application or an identity declaration may be used for children under age 18 in limited circumstances, such as when school ID cards and drivers' licenses are not available to the individual in their locality.
Identity for Disabled Individuals in Institutional Care:
A declaration signed under penalty of perjury by a residential care facility director or administrator on behalf of the individual in the facility when the individual does not have or cannot get any of the documentation listed above.
Note:
A declaration for identity may not be accepted if a declaration for citizenship
was provided.
5011-6 C. PROOF OF QUALIFIED ALIEN STATUS
An alien must provide proof of his or her alien status.
The following documents are acceptable for determining alien status and whether the alien is subject to the five-year waiting period. Certain USCIS documents can be viewed online at http://www.ncosc.net/Foreign_Nationals/Travel_Doc_Identification.pdf.
IMMIGRATION STATUS |
VERIFICATION DOCUMENT ( USCIS FORMS) |
Legal Permanent Resident |
|
Refugee |
(Refugees usually adjust to LPR status after 12 months in the US, However, they are still considered refugee for eligibility purposes when they have a I-551 with a code of RE-6, RE-7, RE-8, or RE-9) |
Special Immigrants |
|
Asylee |
|
Parolee |
|
Deportation Withheld |
|
Conditional Entrant |
|
Battered Spouse or Child of U.S. Citizen or Permanent Legal Resident |
|
U.S. Military Veteran, Active Duty Military (includes spouse and unmarried dependent children under 21) |
|
Victims Of Trafficking (includes certain eligible immediate family members holding a derivative T-Visa) |
Note:
|
American Indian Born In Canada |
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Note:
If an applicant presents a receipt indicating that he or she has applied
to USCIS
for a replacement document for one of the documents identified above,
contact the USCIS
to verify status by filing a G-845 with the local USCIS
district office and attach a copy of the receipt.
5011-6 D. SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE ) PROGRAM
The Systematic Alien Verification for Entitlements (SAVE ) is a program run by the U.S. Citizenship and Immigration Services which provides both an online system and a paper-based process to verify the immigration status of aliens.
The Verification Information System (VIS) is the online verification system. The paper-based process makes use of the G-845, Document Verification Request.
The documents provided by each alien as verification of immigration status must be authenticated by using the SAVE program. The VIS system will identify whether or not the alien has been lawfully admitted into the U.S. However, it may not provide enough information to determine whether or not the individual is a "qualified alien." The date of entry indicated on the VIS database may not accurately reflect the date an immigrant physically arrived in the U.S. Secondary verification may be needed if no records are found or if there are discrepancies between the alien’s documents and VIS.
Written consent from the household is required to contact USCIS to obtain documentation or information to verify the alien's status.
If the alien does not want the caseworker to contact USCIS, the household can withdraw its application or participate without that member.
Written consent is not required to:
Contact USCIS to verify the validity of documentation provided by the alien.
Use the SAVE inquiry process.
Verification of each alien’s status through the SAVE program is required whenever an application is processed for a household containing one or more alien members, and whenever an alien is added to a household. All such contacts must be clearly documented in the case record.
See Administrative Procedures Manual Section 105-14 for instructions on how to use the SAVE program.
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