SUBJECT:
CITIZENSHIP VERIFICATION REQUIREMENT FOR MEDICAID PROGRAMS AND ITS EFFECT ON THE TEMPORARY ASSISTANCE AND FOOD STAMP PROGRAMS
DISCUSSION:
Memorandum IM-66 dated 6/23/06 announces a new requirement that a Medicaid client present documentary evidence of citizenship. This new requirement is effective 7/1/06 for Medicaid applicants and recipients. The purpose of this memorandum is to clarify the effect of this new policy on the Temporary Assistance and Food Stamp Programs.
FOOD STAMPS
Under Food Stamp regulations, a client who claims to be a United States citizen is not required to verify that citizenship unless the client’s statement of citizenship is questionable. The client’s failure to present documentary evidence of citizenship for Medicaid does not make the client’s citizenship questionable for Food Stamps. There are many examples of United States citizens whose citizenship is not questionable but who cannot readily provide verification. Examples include:
- Elderly people who do not have birth certificates available;
- Members of minority groups for whom state and local governments would not issue birth certificates;
- Members of some Indian tribes whose births were not registered with state or local authorities because they were born in Indian Country;
- Some members of Indian tribes have birth certificates that show names in the individual’s own language, which is not English;
- Many older applicants were born at home, which reduces the likelihood that there actually was a birth certificate.
EXAMPLE: Mrs. Jones, age 75, applies for Medicaid and Food Stamps. She states she is a United States citizen, but she does not have documentary evidence of citizenship. Mrs. Jones’ United States citizenship is not questionable for Food Stamps, and she is eligible for Food Stamps if she meets all other Food Stamp Program requirements.
EXAMPLE: Mrs. Warren, age 70, applies for Medicaid and Food Stamps. She claims she is a United States citizen, but fails to provide verification for Medicaid. Unless there is another reason her claim is questionable, the failure to provide verification for Medicaid does not cause the claim to be questionable. She is eligible for Food Stamps if she meets all other Food Stamp Program requirements.
If in obtaining documentary evidence of citizenship for Medicaid, the eligibility specialist verifies that the client is actually a non-citizen, follow policy in Food Stamp Manual Section 1105.010.00 Citizenship and Immigrant Status.
EXAMPLE: Mrs. Smith, age 65, applies for Medicaid and Food Stamps. The eligibility specialist obtains documentary evidence that Mrs. Smith is a citizen of Mexico. Because Mrs. Smith is not a United States citizen, a United States non-citizen National, a Cross-border Native American, or a Hmong or Laotian Highlander, she must be both a qualified immigrant and an eligible immigrant to qualify for Food Stamps. For assistance, see policy in Food Stamp Manual Sections 1105.010.05 Qualified Immigrants and 1105.010.10 Eligible Immigrants.
TEMPORARY ASSISTANCE
The procedures for verifying citizenship and/or qualified alien status for the purpose of receiving Temporary Assistance benefits have not changed. Temporary Assistance benefits may only be granted to either a citizen or a qualified alien as defined in Title 8, Section 1641 of the United States Code and certain qualified aliens are ineligible for five (5) years from their date of entry 0205.040.00 Citizenship And Immigrant Status.
Citizenship and alien status are declared on the application. No further actions are required to verify citizenship status for self-declared citizens applying for Temporary Assistance. If the applicant is not a citizen or national, require documentation of current immigration status and provision of the Alien Registration Number. Use the Systematic Alien Verification for Entitlements (SAVE) program to validate the documentation provided by the claimant. Do not delay or deny benefits solely on citizenship while awaiting the results of verification through SAVE. Use SAVE procedures at each reinvestigation, if the immigration status is subject to change, documents verifying status have an expiration date, or if SAVE indicates BCIS is still checking for status. See 0205.040.05.25 Documentation and Verification of Citizen or Alien Status for further SAVE procedures.
If in obtaining documentary evidence of citizenship for Medicaid, the eligibility specialist verifies that the Temporary Assistance client is actually a non-citizen, follow policy in 0205.040.00 Citizenship And Immigrant Status. Failure to provide verification of citizenship for Medicaid applications/reinvestigations does not impact eligibility for Temporary Assistance.
EXAMPLE: Ms. Jones applies for Medicaid and Temporary Assistance. For the Medicaid application, the eligibility specialist obtains documentary evidence that Ms. Jones is a citizen of India. Because Ms. Jones is not a United States citizen, she must meet the requirements of a qualified alien to qualify for Temporary Assistance.
EXAMPLE: Mr. Bennett applies for Medicaid and Temporary Assistance. Mr. Bennett declares that he is a United States Citizen on the application for benefits. The eligibility specialist has obtained all necessary information for the applications, except for verification of citizenship/identity. Per Mr. Bennett’s statement on the application, he is a self-declared United States Citizen. Therefore, the application for Temporary Assistance benefits would be approved.
NECESSARY ACTION:
- Review this memorandum with appropriate staff.