Page 168

UPDATED: NOVEMBER 2009 605

OTHER ELIGIBILITY REQUIREMENTS CITIZENSHIP AND IMMIGRATION STATUS

NATIVE AMERICANS

Policy: Native Americans born in the United States are citizens of the United States and will have the same types of documentation of citizenship as do other U.S. citizens.

Native Americans born outside the U.S. are eligible for Medicaid without regard to immigration status restrictions, if they reside in New York State and are:

► A non-citizen member of a federally recognized tribe; or

► A Native American, who is at least fifty percent American Indian blood and was born in Canada;

A Native American born in Canada may freely enter and reside in the U.S. and is considered to be lawfully admitted for permanent residence if s/he is of at least one-half American Indian blood. As such, s/he is considered a U.S. citizen for the purposes of Medicaid eligibility and coding. This does not include a non-citizen whose membership in an Indian tribe or family is created by adoption unless such person is at least fifty percent Indian blood.

NOTE: The tribal membership card demonstrates membership in a U.S. Federally recognized Indian Tribe. For the purposes of Medicaid eligibility, Medicaid will accept a tribal membership card, with a date of birth, as proof of age, identity and citizenship status.

References: SSL Sect. 122

131-k

Dept. Reg. 349.3

360.3.2(j)

ADM 04 OMM/ADM-7

GIS

08 MA/009

05 MA/ 028 (MRG)