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130 CMR: DIVISION OF MEDICAL ASSISTANCE

Trans. by E.L. 240 Rev. 08/19/22 MASSHEALTH CITIZENSHIP AND IMMIGRATION Chapter 518 Page 518.004

(9) noncitizens granted DACA status or have a pending application for this status; (10) noncitizens who have filed an application, petition, or request to obtain a lawfully present status that has been accepted as properly filed but who have not yet obtained employment authorization and whose departure the DHS does not contemplate enforcing; or (11) any other noncitizens living in the United States with the knowledge and consent of the DHS, and whose departure the DHS does not contemplate enforcing. (These include persons granted Extended Voluntary Departure due to conditions in the noncitizen's home country based on a determination by the U.S. Secretary of State.)

(D) Other Noncitizens. Noncitizens whose status is not described in 130 CMR 518.003(A) through (C) are considered other noncitizens.

518.004: Verification of U.S. Citizenship and Identity and Immigration Status

(A) U.S. Citizenship and Immigration Status. MassHealth requires verification of U.S. citizenship or immigration status for all MassHealth applicants, except other noncitizens. (1) The MassHealth agency will initiate electronic data matches as described in 130 CMR 516.004: Matching Information to attempt to verify U.S. citizenship or immigration status. If electronic data sources are unable to verify U.S. citizenship or immigration status, additional documentation will be required from the individual. (2) Acceptable proof of U.S. citizenship is described in 130 CMR 518.005(A)(1) and (2). Individuals who fail to submit proof of U.S. citizenship within 90 days of the MassHealth agency's request will subsequently only be (a) eligible for Children’s Medical Security Plan (CMSP) if they meet the categorical requirements for CMSP described in 130 CMR 522.000: MassHealth: Other Division Programs; or (b) eligible for MassHealth Standard for those who are pregnant if they meet the categorical requirements and financial standards described in 130 CMR 505.002(D): Eligibility Requirements for Pregnant Women. (3) Acceptable proof of immigration status is described in 130 CMR 518.005(B). Individuals who fail to submit proof of immigration status within 90 days of the MassHealth agency’s request will subsequently be eligible (a) only for MassHealth Limited if they meet the categorical requirements and financial standards of MassHealth Standard; (b) for CMSP if they meet the categorical requirements for CMSP described in 130 CMR 522.000: MassHealth: Other Division Programs; or (c) for MassHealth Standard if they are pregnant and meet the categorical requirements and financial standards described in 130 CMR 505.002(D): Eligibility Requirements for Pregnant Women.