2145 Documentation of Citizenship -

 

2145.1- Reserved

 

2145.2 Citizenship Documentation - Documentation of U.S. citizenship is required for each person requesting medical coverage who claims to be a U.S. citizen. This requirement does not apply to the following individuals:

• Current or former SSI recipients
 

• Current or former Medicare beneficiaries
 

• Current or former recipients of Social Security Disability benefits

 

• Children in foster care or recipients of foster care maintenance

 

• Children who are recipients of adoption support payments

 

• Children born on or after July 1, 2006 to a Medicaid recipient as outlined in KFMAM 2320

 

 

All documents used to verify citizenship must be retained in the case file indefinitely per KEESM 1711 (9). For persons exempt from the requirement due to SSI or Medicare status, verification of such status is required.

Acceptable documents and the hierarchical protocol for obtaining acceptable documents are described in Immigrant status/ Program Qualification chart  . When obtaining documents the following applies:

 

  1. Primary Document - A document that verifies both citizenship and identity (as described in 1322.1(5)) and is further defined in . The availability of a Primary Document shall be explored prior to using a secondary or other citizenship document. Persons born outside of the United States who were not citizens at birth per 2141 must submit a Primary Document.

  2. Secondary Citizenship Documents - A document verifying citizenship only. The statement of the applicant/recipient that a Primary Document is not available is sufficient to seek a secondary or other document. However, if a primary document is not used, two different documents must be used to establish citizenship and identity.
     

  3. Third and Fourth Level Citizenship Documents - These may only be used if primary or secondary documents are not available. These documents must show a place of birth and it must match the place of birth reported by the applicant/recipient. A second document verifying identity is also needed.

    If a second, third or fourth level document is received; this is accepted as a statement from the client that no other primary documents were available.


  4. Written Declaration - A written declaration may be used as verification of citizenship if no other documents are available. The KanCare Clearinghouse Manager, or designee, must approve the declaration in order for it to be considered acceptable verification.

    A declaration must be provided by at least two separate individuals, one of whom is not related to the individual, who have personal knowledge of the event(s) establishing the claim of citizenship. External forms 

    Item P-8, Third Party Declaration of Citizenship, is used for this purpose. The person(s) making the declaration must:
     

  5. When a declaration is used to document citizenship, the original must be retained in the case file indefinitely.

 

 

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  1. Reserved
      

  2. For most foreign born individuals attesting to be U.S. citizens, primary documentation as established in 2145.2 is necessary.  However, secondary or subsequent documents may be used to verify citizenship and identity for persons considered citizens at birth.

 

 

2145.4 Reasonable Opportunity to Provide Documentation  – The following provisions apply when an applicant or recipient declares U.S. citizenship, but is unable to provide verification.

The agency may not request verification of citizenship and identity from the applicant or recipient if that information is available through an available resource. The agency shall make every effort to verify citizenship and identity through those resources. The following automated and manual verification resources shall be utilized:

Tier 1 – The Federal Data Services Hub. The Hub accesses the Social Security Administration (SSA) database in real-time to verify citizenship and identity status.

The Electronic Access to Social Security (EATSS) database. If the Hub is not available, EATSS may be accessed to verify citizenship and identity status for those individuals who are current or former recipients of SSI, Medicare or Social Security disability benefits (2145.2). EATSS may not be used to verify citizenship or identity of individuals who do not meet that criteria.


Tier 2 – The Electronic Verification of Vital Events (EVVE) database. The EVVE interface provides access to birth records for individuals born in Kansas (and 48 other states and territories) to verify citizenship only. The Kansas Immunization Register (KSWebIZ) database. The KSWebIZ interface is a statewide database that includes immunization records for all Kansas residents that may be used to verify identity only for children. The Department of Revenue (Driver’s License) database. The Driver’s License interface may be accessed to verify identity only of an individual with a valid Kansas license.


Tier 3 – Research by the agency. If the agency has been unable to verify citizenship and identity through the available automated and manual interfaces, staff shall review the case file and imaged documents to determine whether a hard copy verification has already been provided.

 

Note:  For verification of citizenship and identity, it is acceptable to access the file in Tier 3 to determine if documentation has previously been provided before accessing the Tier 2 sources.  Both Tier 2 and Tier 3 must be followed before proceeding to Tier 4.

 


Tier 4 – Contact with the applicant or recipient. If the agency is unable to verify citizenship and identity via any of the means above, verification shall initially be waived and a reasonable opportunity period applied as described below. The individual shall be contacted to provide verification and notified of the reasonable opportunity period.

An application shall not be delayed or denied because the agency was unable to verify citizenship or identity. If otherwise eligible, the application shall be processed and approved granting a reasonable opportunity period to the individual to provide the verification. The reasonable opportunity period shall be three (3) calendar months commencing from the date the case is authorized. If the individual fails to provide verification (or the agency is unable to independently verify) by the end of the reasonable opportunity period, coverage shall end allowing for timely notification. If verification is provided within the month after the month coverage ends, eligibility may be reinstated without a new application/request. The following examples illustrate:


Example 1: The agency is unable to verify citizenship or identity for an applicant for medical assistance. Since the individual is otherwise eligible, assistance is approved on 03/11/2014 with notification that verification must be provided by 06/11/2014. Verification is provided within the reasonable opportunity period on 04/23/2014. Eligibility continues without interruption.

If the individual failed to provide verification (and the agency was unable to independently verify) by 06/11/2014, coverage would end effective 06/30/2014 (assuming action was taken by timely notice deadline).

Example 2: The agency is unable to verify citizenship or identity for an applicant for medical assistance. Since the individual is otherwise eligible, assistance is approved on 02/27/2014 with notification that verification must be provided by 05/27/2014. The recipient fails to provide verification within the reasonable opportunity period. Coverage ends effective 06/30/2014.

If the individual provides verification by 07/31/2014 (the month after the month coverage ends), eligibility may be reinstated without a new application/request for assistance. If verification is provided after 07/31/2014, a new application/request is required.


Note: The reasonable opportunity period may be extended in situations where the individual is making a bona fide effort to obtain the verification but circumstances outside his/her control are delaying the effort. A decision to extend the period must be thoroughly documented and supported in the case file.