Amendments to the rules will align citizenship requirements for Medicaid applicants and recipients with the federal law, the Deficit Reduction Act of 2005, Public Law 109-171 (DRA). Text has also been edited for technical deficiencies.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO: RULE TITLE
65A-1.301: Citizenship
65A-1.704: Family-Related Medicaid Eligibility Determination Process
65A-1.705: Family-Related Medicaid General Eligibility Criteria
PURPOSE AND EFFECT: Amendments to the rules will align citizenship requirements for Medicaid applicants and recipients with the federal law, the Deficit Reduction Act of 2005, Public Law 109-171 (DRA). Text has also been edited for technical deficiencies.
SUMMARY: Proposed amendments will revise language to be consistent with federal requirements for individuals who declare to be a U.S. citizen or national. These individuals are required to provide proof of U.S. citizenship and identity.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 409.918, 409.919, 414.45 FS.
LAW IMPLEMENTED: 409.902, 409.903, 409.904, 409.818, 409.919, 410.033, 414.095, 414.31 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 4, 2006, 1:30 p.m.
PLACE: Winewood Boulevard, Building 3, Room 455, Tallahassee, FL 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pat Whitford, Economic Self-Sufficiency, Telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-1.301 Citizenship.

(1) The individual whose needs are included must meet the citizenship and noncitizen alien status established in: P.L. 104-193, The Personal Responsibility and Work Opportunity Reconciliation Act of 1996; P.L. 105-33, the Balanced Budget Act of 1997; P.L. 105-185, the Agricultural Research, Extension, and Education Reform Act of 1998; P.L. 105-306, the Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998; P.L. 109-171, the Deficit Reduction Act of 2005; and, the Immigration and Nationality Act.

(2) For Medicaid, every individual who indicates they are a U.S. citizen must provide proof of U.S. citizenship and identity. Exceptions are those who receive or have received SSI or Medicare; and presumptively eligible pregnant women or newborns. The Department will assist with obtaining documentation if requested.

(3)(2) The eligibility specialist must verify confirm the immigration status of all non-U.S. citizens through the United States Citizenship and Immigration and Naturalization Service (USCIS) (INS). Verification will be requested electronically using the alien number, or based on a USCIS or prior Immigration and Naturalization Services (INS) document provided by the applicant. The system of verification is known as the Verification Information System-Customer Processing System (VIS-CPS) Systematic Alien Verification for Entitlement System (SAVE) Program. SAVE verification must be obtained when the alien provides an INS document that does not clearly indicate alien status. When the noncitizen alien provides neither an alien number nor an USCIS INS document to indicate their status, the noncitizen alien must contact the USCIS INS to obtain documentation or verification of noncitizen alien status. The department will offer to assist in obtaining documentation this effort if requested to do so. If the noncitizen alien provides any form of USCIS INS documentation, regardless of the expiration date, showing an eligible Immigration Act section, the eligibility specialist must accept the documentation and verify the individual’s status through SAVE. Electronic vVerification of an eligible immigrant status through SAVE is acceptable proof documentation of the individual’s eligible status for all programs. Automated verification by telephone is attempted first. If automated verification cannot be obtained, noncitizenship status must be verified manually (i.e., secondary verification) through use of an USCIS INS form. Benefits will not be withheld when VIS-CPS SAVE indicates secondary (i.e., manual) verification is required and response from the secondary verification is pending, provided all other technical factors of eligibility are met. Benefit recovery is required when such individuals are determined to not have been no longer in an eligible noncitizen alien status.

(4)(3) Noncitizens who would experience an undue hardship in obtaining current USCIS INS documentation, hospitalized noncitizens or noncitizens with a medical disability will be considered eligible for benefits on the noncitizen factor of eligibility while awaiting the return of USCIS INS secondary or manual verification. Undue hardship includes living a prohibitive distance from the USCIS INS office, lack of transportation, inability to travel to or attend appointments due to a medical condition, or a long waiting period for an appointment with the USCIS INS. However, these individuals are subject to recoupment for any benefits issued while verification is pending should they subsequently be determined to have been in an ineligible noncitizen alien status.

Specific Authority 409.919, 414.45 FS. Law Implemented 409.903, 409.904, 410.033, 414.095(3), 414.31 FS. History–New 4-9-92, Amended 11-22-93, Formerly 10C-1.301, Amended 4-18-99,________.

 

65A-1.704 Family-Related Medicaid Eligibility Determination Process.

(1) No change.

(2) Simplified Eligibility for Pregnant Women.

(a) through (b) No change.

(c) The following information must be verified or obtained, as indicated below, prior to approval for Medicaid for a pregnant woman.

1. through 3. No change.

4. A declaration of citizenship is required. The applicant’s statement on the Health Insurance Application for Pregnant Woman, CF-ES 2700, 08/2006, is acceptable as a declaration of citizenship. U.S. citizens must provide proof of their U.S. citizenship and identity. Non-citizens must provide proof of immigration status through the USCIS. The department will request verification of immigration status of noncitizens electronically through the VIS-CPS using the noncitizen’s alien number. If the pregnant woman is a non-citizen, she may provide her aAlien nNumber to the eligibility public assistance specialist on the application. If the information is not on the application, it may be provided obtained by telephone. The pregnant woman’s eligibility as a non-citizen will be determined in accordance with Section 1137 of the Social Security Act. As a non-citizen, she will be requested to provide verification of her immigration status and the SAVE system will be used to verify this information.

5. through 6. No change.

(d) No change.

(3) through (5) No change.

Specific Authority 409.919 FS. Law Implemented 409.902, 409.903, 409.904, 409.919 FS. History–New 10-8-97, Amended 2-7-01, 10-21-01, 4-1-03, 2-4-04,________.

 

65A-1.705 Family-Related Medicaid General Eligibility Criteria.

(1) through (7) No change.

(8) Medicaid Applications Due to KidCare.

(a) through (b) No change.

(c) Prior to approval for Medicaid, children who are U.S. citizens must have their citizenship and identity verified. Prior to approval for Medicaid, verification of immigration status will be required for children who are not citizens. Immigration status will be verified This requirement will be met through the VIS-CPS SAVE system and completion of a KidCare Program Immigration Status Statement, CF-ES 2083, Oct. 2002 (incorporated by reference). Information about immigration status and the receipt of Medicaid will be sent to parents when they are asked to complete the Immigration Status Statement form. If the requested information is not provided within thirty (30) days, the application will be denied, unless a request for an extension is made or there are extenuating circumstances known to the department justifying an extension. If the verification or information is difficult for the parent or caretaker to obtain, the eligibility specialist must provide assistance obtaining the verification or information when requested.

(d) through (h) No change.

(9) No change.

Specific Authority 409.918, 409.919 FS. Law Implemented 409.902, 409.903, 409.904, 409.818, 409.919 FS. History–New 10-8-97, Amended 9-28-98, 4-5-99, 11-23-99, 2-15-01, 9-24-01, 4-1-03,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Nathan Lewis
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jennifer Lange
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 12, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 28, 2006