Purpose: This section will assist in determining whether an individual is eligible for benefits based on Citizenship and Immigrant status.
Current Policy Effective Date: January 1, 2010
Date Last Reviewed: October 22, 2009
Previous Policy: October 1, 2009
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POL M604: DETERMINING BASIC ELIGIBILITY – CITIZENSHIP/IMMIGRATION STATUS
1. Applicants Must Meet Citizenship/Immigration Eligibility Requirements
Applicants must be a U.S. Citizen by birth or naturalization.
OR
Applicants must meet at least one of the Qualified Immigrant status requirements outlined in Medicaid Table 6.
Applicants under one of the following programs are not required to meet the citizenship requirements:
· Emergency Services.
· Prescription Drug Assistance Program.
· Pending Foster Care.
· Basic Foster Care.
· Institutional Foster Care.
2. Applicants Born to Medicaid Eligible Mother
Verification of citizenship is not required for any applicant who was born to a Medicaid eligible mother in Wyoming during their life time. The HERC screen in EPICS must be coded as “NM” (Not Required for Medicaid) for verification of citizenship.
3. Revenue Information System (RIS) Must Be Used To Verify Citizenship
Verification of citizenship must be obtained by using the Revenue Information System (RIS) in EPICS. When verification is not available in RIS refer to Medicaid Table 5 for acceptable verification of citizenship.
4. US Citizens and Qualified Immigrants Must Verify
Applicants must verify U.S. Citizenship by birth or naturalization, except a child who is born to a Medicaid eligible mother. Refer to Section M301A for factors requiring verification and Medicaid Table 5 for Evidence of Citizenship.
Applicants must verify Qualified Immigrant status requirements. Refer to Medicaid Table 5A for evidence of immigration status.
5. Qualified Immigrants May Need to Meet 40 Qualifying Quarters
Applicants who are Qualified Immigrants must have 40 Qualifying Quarters and meet one of the following
immigration status requirements:
· Lawful Permanent Residents (LPR).
· Lawfully in U.S. on 8/22/96 & age 65 or older.
Qualifying quarters are defined under Title II of the Social Security Act and verified through an EPICS interface. These include quarters worked by the immigrant, a parent while the immigrant was under age 18 and quarters worked by a spouse while married to the immigrant, and has not received government benefits.
6. Foreign Born Children May be Eligible
Children who were born in a foreign country and living in the US, and children adopted from a foreign country by US citizens, are automatically granted citizenship if the following conditions are met:
· Child is under age 18.
· Child was admitted to the US as a Lawful Permanent Resident Immigrant.
· Child is in the legal and physical custody of at least one parent that is a US citizen.
7. Certified Victims of Trafficking May be Eligible
Applicants may seek eligibility for benefits based on their status as a Victim of Trafficking.
Each adult and child applicant must provide a certification letter from the Department of Health and Human Services Office of Refugee Resettlement (ORR) stating that they are a Victim of Trafficking. US Citizenship and Immigration Services (USCIS) documentation is not required in this situation.
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Reference:
Defining Requirement: 42 CFR 435.406
Clarifying Information:
Training Link: Not available at this time.
Worker Responsibilities:
Using Wyoming Birth Cert Application Tab
1. Click on the Birth Cert App. tab (this tab is password protected).
2. Enter your user name and password, and then click the OK button.
3. Enter the first and last name or initials of the first and last name, and date of birth (mm/dd/yyyy).
4. Click the search button, which will reveal the results
5. If individual is found, record file number in narrative and print copy for case file.
6. If individual is not found, request verification of citizenship from the applicant.
7. If the applicant is not able to provide citizenship verification, contact the Eligibility Unit for assistance before denying the case.
Verifying Immigration Status With Systematic Alien Verification for Entitlements (SAVE)
1. Obtain one or more of the following pieces of documentation of immigration status:
1A. Documentation of immigrant registration.
1B. Alien Registration Number (A-Number).
1C. Another form of documentation that the agency issuing the documentation has determined to be reasonable evidence of the individual’s immigration status.
2. Include documentation of immigration status in applicant’s case file.
3. Verify immigration status using the WEB-1 Access Method.
3A. See the SAVE Manual, Section 2 for procedures for using Primary Touch-Tone SAVE Access.
3B. Use this website address: https://save.uscis.gov/WebOne/
4. For applicants without USCIS documentation, verify date of entry into the United States or date immigration status was granted.
5. Submit USCIS Form G-845 by mail to:
U.S. Citizenship and Immigration Services
300 N. Los Angeles Street, B120
Los Angeles, CA 90012
Attn: Immigration Status Verification Unit
Using Revenue Information System (RIS) for Citizenship
1. Access Revenue Information System (RIS) through the Mainframe at the TPX menu. Refer to Section M301B for instructions on accessing RIS.
Documenting Immigrant Status
1. Include documentation of immigrant status in applicant’s case file.
Verifying Eligibility for Victims of Trafficking
1. Confirm the validity of the certification letter by calling the Trafficking Verification Line at (202)401-5510.
2. Record the expiration date of the certification letter in each applicant’s file.
3. Set an alert with the expiration date.
4. Conduct a review to determine continued eligibility.
Documenting Immigration Status in EPICS
1. Refer to Section M200 for an explanation of each type of status. Enter the following coding under the citizenship field on the HERC screen in EPICS:
1A. IA – Ilegal Alien (Immigrant).
1B. LA – Legal Alien (Immigrant).
1C. NQ – Lawful Permanent Resident/Unsponsored.
1D. SA – Sponsored Immigrant (Alien).
1E. SN – Lawful Permanent Resident/Sponsored.
1F. US – US Citizen.
Other Coding Requirements for Immigrant Applicants
1. Refer to Medicaid Table 20 for the SDX immigrant codes and their definitions.
Verifying Qualifying Quarters (QQ) of Coverage Through an Interface
1. Register case on EPICS.
2. Access INME screen in EPICS.
3. Select TPQY Inquiry Background.
4. Enter individual’s SSN.
5. Enter “Q” in request field. Message will appear stating “40 QQ Request Complete.”
5A. Qualifying Quarters information will be transmitted from Baltimore and entered on TPQY information/request screen within three days.
5B. Record received may not display current year’s earnings or the previous year’s earnings, depending on when request was made.
6. Count each of the following codes as one quarter:
6A. A – Agricultural.
6B. C – Wage.
6C. D and M – Military.
6D. G – Gift.
6E. J – Japanese Internment.
6F. R – Railroad.
6G. S – Self Employment.
6H. X – Wage QC, which can occur for 1951 or 1952.
6I. * - Covered quarter of coverage.
7. Do not count “F” or “N” codes under Quarter Coverage Patterns toward 40 qualifying quarters.
8. Request another query after 45 days when “#” or “Z” codes are used to complete 40 qualifying quarters.
8A. The Quarter Coverage Patterns will update and overlay with “N,” “C,” or “*.”
9. Research quarters for other family members when individuals do not qualify on their own.
9A. Enter SSN of applicant’s current spouse, only consider quarters during their marriage.
9B. Enter SSN of applicant’s parent, only consider quarters the parents earned before applicant turned 18.
10. Do not count a quarter that has not ended.
11. Do not count any quarters after 12/31/96 if non-citizen, parent, or spouse received public assistance during the quarter.
12. Refer individual to SSA when a dispute exists over quarters of coverage to investigate the discrepancy and correct record when necessary.
Completing the Declaration of United States Citizenship form
1. Complete the Declaration of United States Citizenship form, for children under age 18, as a last resort, when no other form of U.S. citizenship can be obtained.
2. Enter the Name of Applicant.
3. Enter the Date of Birth.
4. Enter the Place of Birth (State and County).
5. Enter the reason why other forms of U.S. Citizenship documentation were not available.
6. Require the signature of the Medicaid applicant, guardian, or authorized representative.
7. Require the individual signing the form as a guardian or authorized representative to provide proof of their U.S. Citizenship.
8. Complete the date in which this form was signed.
9. Require the signatures of two witnesses who have knowledge of the birth of the above named individual.
10. Require each of the witnesses to date the form after they sign it.