Page 141

UPDATED: NOVEMBER 2009

578

OTHER ELIGIBILITY REQUIREMENTS

IDENTITY

Policy: All A/Rs, as a condition of eligibility for Medicaid, must be identified.

References: SSL Sect. 366

Dept Reg. 351.11(b)(2)(ii)(a)

351.2(a)

360-2.3

INF

08 OHIP/INF-1

ADM 93 ADM-29

GIS

08 MA/028

08 MA/009

Interpretation: It is the responsibility of the applicant to establish his/her identity. When the A/R’s name changes due to marriage, divorce or legal proceedings, the local district documents the change as appropriate.

Effective July 1, 2006, the Deficit Reduction Act of 2005 (DRA) amended federal Medicaid statute to require that all United States (U.S.) citizens applying for or renewing Medicaid coverage provide “satisfactory documentary evidence” of their U.S. citizenship and identity.

NOTE: The provisions of the DRA do not apply to immigrants. Individuals with satisfactory immigration status can continue to receive Medicaid in New York State as described in OMM 04 ADM-07.

For individuals who present other than primary documents, including birth certificates, LDSS must obtain additional proof of identity, such as a driver’s license. If no other identity document is available for a child under age 16, a parent or guardian may certify to the child’s identity, as long as an affidavit has not been used to document citizenship.

Verification: Identity documents presented by applicants/recipients (A/Rs) must be originals or copies certified by the issuing agency. Districts may copy or scan the documents for the LDSS files. The worker should make photocopies of any original documents and annotate on the copy that she or he saw the original or a document certified by the issuing agency. (MRG)