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OTHER ELIGIBILITY REQUIREMENTS CITIZENSHIP AND IMMIGRATION STATUS

CITIZENS

Description: A citizen is a person who was born in the United States or who has been naturalized.

Policy: Medicaid may be given to citizens of the United States who are residents of New York State and who are otherwise eligible. The Deficit Reduction Act of 2005 (DRA) amended federal Medicaid Statute to require that all United States citizens applying for or renewing Medicaid coverage provide “satisfactory documentary evidence” of their citizenship. For applications submitted after October 1, 2010 individuals declaring to be U.S. citizens and presenting a valid SSN will have their citizenship confirmed via the Social Security Administration (SSA) citizenship verification process.

NOTE: Naturalized citizens will not have their citizenship verified through the SSA process.

Applicants/recipients (A/Rs) declaring to be U.S. citizens, who are eligible for or enrolled in Medicare or receiving Supplemental Security Income (SSI) are exempt from documenting both citizenship and identity. These individuals have already established their citizenship and identity to the Social Security Administration (SSA).

The Tax Relief and Health Care Act of 2006 (PL 109-432) amended the DRA further to exempt A/Rs in receipt of Social Security Disability Insurance (SSDI) and children under Title IV-B on the basis of being a child in foster care and IV-E on the basis of adoption or receiving foster care assistance.

The provisions of Section 211 of the Children’s Health Insurance Program Reauthorization Act (CHIPRA) of 2009 also eliminates citizenship documentation requirements for deemed newborns.

References: SSL Sect. 122

131-k

Public Law 109-432

Dept. Reg. 349.3

360-3.2(f)

ADM 10 OHIP/ADM-8

INF

08 OHIP/INF-1 (MRG)