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Chapter: 1400 Technical Requirements Program: MFAM 4 1430.0103.01 Reasonable Opportunity Period (MFAM) Individuals declaring their United State citizenship shall be given a reasonable opportunity period of 90 days to submit proof of citizenship when their citizenship cannot be verified through the Federal Data Services Hub. During the reasonable opportunity period, Medicaid can be approved, provisionally, if the individual meets all other factors of eligibility. If the individual is unable to show proof of citizenship after the reasonable opportunity period, Medicaid is terminated after advance notice of adverse action is provided. 1430.0104 Noncitizens (MFAM) Noncitizens may qualify for Medicaid based on their status granted by U.S. Citizenship and Immigration Services (USCIS). The following sections discuss different types of noncitizens and their eligibility.

A North American Indian born outside the United States, who is residing in the U.S. is eligible for Medicaid benefits, based on the factor of noncitizen status, if they are subject to section 289 of the Immigration and Nationality Act or a member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.

Proof of this status includes:

1. I-551 with code S-13, 2. unexpired temporary I-551 stamp in a Canadian passport, 3. I-94 with code S-13, or 4. a letter or other tribal document certifying at least 50% American Indian blood, as required by Immigration and Nationality Act section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

Verification of membership in an Indian tribe includes a membership card or other tribal document demonstrating membership in a federally recognized Indian tribe.

If the individual has no document evidencing tribal membership, contact the tribal government for confirmation of the individual’s membership.

Note: These individuals are not subject to the five-year ban. 1430.0105 Qualified Noncitizens (MFAM) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act (INA):

1. Lawful Permanent Residents; 2. Granted Asylum under section 208; 3. Refugee admitted under section 207; 4. Parolee under section 212(d)(5) admitted for at least 1 year; 5. Deportation withheld under section 243(h) or 241(b)(3); 6. Granted Conditional Entry pursuant to section 203(a)(7); 7. Cuban and Haitian Entrants; 8. Battered Spouse or Abused Child or the parent or child of a Battered person; and 9. Victims of Human Trafficking 1430.0106 Lawful Permanent Resident (MFAM) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the U.S. and has permission to live and work in the U.S. LPRs may be eligible for Medicaid based on citizenship if they entered the U.S.:

1. prior to 8/22/96 and have remained continuously present,