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August 1, 2019 Division of TennCare 1

Aged, Blind and Disabled Section: Non-Financial Eligibility Requirements Policy Manual Number: 100.010 Chapter: ABD Citizenship and Immigration

ABD CITIZENSHIP AND IMMIGRATION

Legal Authority: 42 CFR 435.406; 42 CFR 435.407; 42 CFR 435.956; 8 USCA § 1431; Tenn. Comp. R. & Regs. 1200-13-20

1. Policy Statement

In order to be eligible for TennCare Medicaid or CoverKids, an individual must be a:

a. United States (U.S.) citizen; b. U.S. national; or c. Qualified non-citizen who meets the eligibility conditions associated with specific immigration statuses. See the Qualified Non-Citizens policy.

Individuals declaring U.S. citizenship or immigration status must have such declarations verified by TennCare in order to receive TennCare Medicaid or CoverKids. Individuals who are not U.S. citizens, but have been granted the right to reside in the U.S. will have an immigration status. If TennCare is unable to verify a declaration of U.S. citizenship or immigration status using an electronic data source, the individual must provide satisfactory documentary evidence of citizenship or immigration.

Declarations of citizenship or immigration status must be made by either the individual, an adult member of the individual’s household, an authorized representative, or if the individual is a minor or incapacitated, someone acting responsibly for the applicant provided that such individual attests to having knowledge of the individual’s status.

2. Definitions

a. U.S. Citizen: An individual who was born in:

i. The U.S.; ii. Puerto Rico; iii. Guam; iv. The U.S. Virgin Islands; or v. The Commonwealth of the Northern Mariana Islands.

b. U.S. National: An individual who was born in the:

i. American Samoa; or ii. Swains Island.

c. Naturalized Citizen: An individual who becomes a U.S. citizen after birth. Non-citizens do not automatically become citizens by marrying a U.S. citizen. Spouses, however, may apply for