2-002 Citizenship and Alien Status
In order to be eligible for AABD/MA or SDP/MA, an individual's status must be documented as one of the following using acceptable documents, as defined by federal regulations and listed in 469-000-301:
1. A citizen of the United States;
Note: A child born in the United States is a U.S. citizen. A newborn who was determined to be eligible for Medicaid in the month of birth meets citizenship and identity requirements without further verification; this includes newborns whose birth expenses were paid through Emergency Medical Assistance for Aliens.
2. An alien lawfully admitted for permanent residence (see 469-000-309);
3. A refugee admitted to the U.S. under Section 207 of the Immigration and Nationality Act (INA);
4. An asylee under Section 208 of INA;
5. An alien whose deportation is withheld under Section 243(h) of INA;
6. An alien from Cuba or Haiti who was admitted under Section 501(e) of the Refugee Education Assistance Act of 1980;
7. .A refugee who entered the U.S. before April 1, 1980, and was granted conditional entry;
8. An alien who is paroled into the U.S. under Section 212(d)(5) of INA for a period of at least one year;
9. An Amerasian immigrant under Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as amended; or
10. An alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse's or parent's family who is residing in the same household as the alien.
Note: Aliens who do not meet the requirements in numbers 2 or 3 above may be eligible for emergency medical services only (see 469 NAC 4-001.02A).
Any individual born in the United States is considered a U.S. citizen. This includes children whose parents are not U.S. citizens, such as undocumented alien parents or parents with student visas.
See 469-000-300 or 469-000-301 for allowable documentation to verify citizenship or alien status. See 469-000-309 for a review of assistance available to U.S. citizens and aliens.
Receipt of SSI, SSDI, or Medicare is sufficient proof of citizenship or lawfully admitted alien status.
Individuals who declare to be U.S. citizens and meet all other eligibility requirements must be given a reasonable opportunity to present satisfactory documentation of citizenship or nationality. Medical benefits must not be denied, delayed, reduced, or terminated pending receipt of the requested citizenship verification. Reasonable opportunity is defined as ten days from the date documentation was requested. The Department may authorize one additional ten-day extension for verification if the necessary information has been requested by the client. If the Department has requested verification, such as an out of state birth certificate, benefits will not be denied or terminated while awaiting receipt. Once an individual has declared s/he is a U.S. citizen or national and has provided all other information to determine eligibility, benefits must be provided.
If the client is not cooperating in providing documentation, the client must be closed.
Before adverse action is taken, the agency and client actions must be documented. Any questions should be sent to Policy Questions for review.
{6/28/11}