Page 152

UPDATED: JUNE 2010

589

OTHER ELIGIBILITY REQUIREMENTS

CITIZENSHIP AND IMMIGRATION STATUS

Policy: Medicaid is provided to otherwise eligible residents of the United States who are citizens, nationals, or individuals in satisfactory immigration status (i.e. qualified or persons Permanently Residing in the United States Under Color of Law (PRUCOL). Medicaid coverage is limited to coverage for the treatment of emergency medical conditions for otherwise eligible individuals who are not qualified (i.e. temporary non-immigrants, short term visa holders, foreign students, etc.) or who are not in satisfactory immigration status (i.e., undocumented).

Citizens, nationals, qualified immigrants and PRUCOL immigrant applicants for Medicaid must provide appropriate documentation of their citizenship or satisfactory immigration status. Such individuals must also sign a declaration, under penalty of perjury, that they are citizens, nationals or immigrants with satisfactory immigration status and must provide or apply for a Social Security Number.

Individuals who are initially eligible for Medicaid as a “deemed” newborn are considered to have provided satisfactory documentation of citizenship and identity, by virtue of being born in the United States, and will not be required to further document citizenship or identity at any subsequent Medicaid eligibility redetermination/renewal.

NOTE: Special provision is made for individuals who are not qualified, but who, on August 4, 1997, were residing in certain residential facilities or were diagnosed with AIDS (as defined by the Centers For Disease Control) and receiving Medicaid based on a determination that they were “permanently residing in the United States under color of law” (PRUCOL). Such individuals will continue to receive full Medicaid benefits if they are otherwise eligible.

NOTE: Citizenship and immigration status are not considered when determining Medicaid eligibility for a pregnant woman. A pregnant woman does not need to document her citizenship/immigration status until the month following the month in which the 60-day postpartum period ends.

References: SSL Sect

122

131-k

Dept Reg.

349.3

351.1

351.2

360-3.2(j)

(MRG)