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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 15 14380 Declaration of U.S. Citizenship and Satisfactory Immigration Status As a condition of eligibility under section 1137(d) of the Act, an applicant must sign a written declaration under penalty of perjury stating if he or she is a citizen or national of the U.S. or an alien in satisfactory immigration status (qualified alien or alien in lawful status). This declaration is obtained as part of the application for Medicaid. In the case of a child or incompetent applicant, an adult must sign on the applicant's behalf. If the applicant is not a citizen or national of the United States, qualified alien, or an alien in lawful status, the declaration of citizenship or satisfactory immigration status and verification of such status is not required. If the applicant will not sign the declaration, he or she may be found eligible for coverage of emergency services and labor and delivery only. 13 DE Reg. 1540 (06/01/10) 14390 Documentation of Citizenship and Identity or Alien Status Applicants must provide documentation of citizenship and identity, qualified alien status, or lawful alien status. Exception: The following groups of individuals are not required to provide documentation of citizenship and identity: a) Individuals receiving SSI b) Individuals entitled to or enrolled in any part of Medicare c) Individuals receiving Social Security Disability Insurance benefits d) Individuals who are recipients of foster care maintenance or adoption assistance payments under Title IV-E of the Act e) Individuals who are in foster care and who are assisted under Title IV-B of the Act f) Deemed newborns – a child born in the U.S. to a woman who was eligible for and receiving Medicaid (including coverage of an alien for labor and delivery as emergency medical services) on the date of the child’s birth. This includes a retroactive determination of eligibility. If the applicant will not provide evidence of alien status and does not allege qualified or lawful alien status, the applicant may be eligible for coverage of emergency services and labor and delivery only. 13 DE Reg. 1540 (06/01/10) 14390.1 Reasonable Opportunity to Provide Documentation of Citizenship and Identity or Alien Status An applicant shall have a reasonable opportunity period of 90 days to obtain and provide proof of citizenship and identity, qualified alien status, or lawful alien status. The reasonable opportunity period begins on the date a written request for documentation is issued to the applicant. Medicaid shall be approved to otherwise eligible applicants during the reasonable opportunity period. If the individual has not provided satisfactory documentation by the end of the reasonable opportunity period, eligibility will be terminated. 13 DE Reg. 1540 (06/01/10) 14400 Acceptable Evidence of U. S. Citizenship and Identity Both citizenship AND identity can be verified by the Social Security Administration through the State Verification Exchange System (SVES). If verification cannot be obtained through SVES, verification of citizenship and identity must be obtained from original documents or certified copies from the issuing agency. Once documentation of citizenship and identity has been provided, it is not necessary to obtain documentation again. The list below provides acceptable documentation for verifying 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. A. First level documentation of both citizenship AND identity 1. A U.S. passport. A U.S. passport does not have to be currently valid to be accepted as evidence of U.S. citizenship, as long as it was originally issued without limitation. Do not accept any passport as evidence of U.S. citizenship when it was issued with a limitation. However, such a passport may be used as proof of identity. Note: Spouses and