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MEDICAL CARE PROGRAMS ALERT
NEW RULES FOR CITIZENSHIP AND IDENTITY
DOCUMENTATION
Basic information will be posted on the
DHMH website as it becomes available.
This information is the most current
information available at the time of posting.
Individuals who wish to have input and
discussion regarding implementation of the new rules are invited to
attend several Town Hall Meetings.
Questions or suggestions can be
emailed to:
DRAInfo@dhmh.state.md.us
The New
Requirement:
The federal Deficit Reduction Act requires
that all individuals declaring to be U.S. citizens provide documentation
of their citizenship and identity at the time of initial application or
annual eligibility review (“re-determination”). This new requirement
applies to all Medical Care Programs including, but not limited to,
Medical Assistance, Maryland Children’s Health Program, Primary Adult
Care, HealthChoice, Employed Individuals with Disabilities Program,
Women’s Breast and Cervical Cancer Program, and all waiver programs.
Individuals receiving SSI and Medicare are excluded from this
requirement.
The Department of Health and Human Services,
Centers for Medicare and Medicaid Services, released guidelines to
states on June 9, 2006, and published the final interim rules in the
Federal Register on July 12, 2006. That federal directive now indicates
that states must begin collecting documentation of citizenship and
identity as explained below. The guidelines can be viewed at:
www.cms.hhs.gov/MedicaidEligibility/05_ProofofCitizenship.asp#TopOfPage
The Maryland Department of Health and Mental
Hygiene advises individuals who are currently enrolled or who are
planning to apply to begin collecting the required documents now.
Who is affected?
Most new applicants for Medical
Care Programs will be required to produce documentation of their
citizenship and identity beginning September 1, 2006.
Most current recipients will
have to show documentation at their annual re-determination, starting
with annual reviews that will begin on or after September 1, 2006.
Who will not be affected?
-
SSI and Medicare Recipients do not need
to supply additional proof of citizenship and identity, and they
will continue to complete the applications and redetermination
process as they did before July 1, 2006.
-
Refugees, asylees and other qualified
aliens will continue to provide documentation of their status in the
same way after July 1, 2006 as they did prior to that date.
No documents are
required for:
-
Newborns whose mother was enrolled in MA
or MCHP for the date of birth;
-
Newborns whose mother files an
application and is determined eligible for emergency Medicaid (X02)
for the delivery;
-
Pregnant women who are determined
presumptively eligible;
-
Supplemental Security Income (SSI)
recipients;
-
Individuals who are eligible for
Medicare; and
-
Refugees, asylees and other qualified
aliens.
The new law does not affect the process by
which illegal or non-qualified aliens currently receive emergency-only
Medicaid benefits.
How will information be made available?
DHMH will provide training for all Local
Health Departments and Local Departments of Social Services prior to
September 1, 2006.
DHMH will hold Town Hall Meetings to get
input from all interested parties and discuss how to implement the new
requirements.
DHMH will attempt to secure acceptable
documentation for individuals whenever possible.
Eligibility caseworkers will tell
individuals if and when documents must be provided.
DHMH will send reminder notices to all
current recipients, beginning with those who have an annual
re-determination date of September 1 – September 31. The reminder
notice will inform the recipient whether or not proof of their
citizenship and identity are required.
Which documents are acceptable proofs?
Documents must only be provided once. If
the required documents are already in the case record, they will not
have to be produced.
One of the following documents may be used
to prove both citizenship and identity:
-
U.S. Passport (current or expired);
-
Certificate of Naturalization (N-550 or
N-570); or
-
Certificate of Citizenship (N-560 or
N-561).
Individuals born outside the U.S., who were
not a U.S. citizen at birth, must present one of those three
documents. Other individuals may use one of the following documents to
prove citizenship (a second document to prove identity will also be
required).
Proof of Citizenship
-
U.S. Birth Certificate;
-
Record for child under the age of 16
created near the date of birth and showing U.S. place of birth:
record on hospital letterhead or other medical record, except
immunization record;
-
Record showing U.S. place of birth, if
created at least 5 years before the individual’s first application.
Record on hospital letterhead, medical record of the birth,
institutional admission papers, signed statement by physician or
midwife who attended the birth, Vital Statistics notice of birth
registration, insurance record;
-
Final adoption decree for child born in
U.S.;
-
Certificate of citizen born abroad
(DS-1350, FS-240, FS-545);
-
Military service record showing U.S.
place of birth;
-
Evidence of U.S. civil service
employment before 6/1/76;
-
Federal or state census record for
1900-1950 showing U.S. citizenship or U.S. place of birth;
-
ID card for naturalized citizen living
in Mexico or Canada (I-179 or I-197); or
-
Two written and signed statements by
U.S. citizens who have personal knowledge of the individual’s
citizenship and why documentation is not available. At least one of
those affidavits must be signed by someone who is not related to the
applicant or recipient. Both signors must prove their own U.S.
citizenship and identity. A third affidavit must be signed by the
individual, parent, guardian, etc. explaining why the other types of
documentation are not available.
One of the following
documents may be used to verify identity:
Proof of Identity
-
Photo driver’s license or MVA ID card;
-
Photo school ID card;
-
Photo federal, state, or local
government ID card;
-
U.S. military card or draft record;
-
Military dependent’s ID card; or
-
For children under 16, a school record,
nursery or day care record, or written statement signed by parent or
guardian (if a written statement was not used as documentation of
citizenship).
Revised 3/22/07 |