Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 20 - Division of County Operations › Rule 016.20.16-005 - Policy Section G 140-141

Current through Register Vol. 49, No. 6, June, 2024
Summary of Changes
Section G-140 & 141
Alien Status
G-140 -
			 Changed 10-day notice to 90-day notice for an alien to verify immigration
			 status.
G-141 - A new section of
			 policy to describe the 90 day reasonable opportunity period for an alien to
			 verify immigration status if that status cannot be verified through FDSH, SAVES
			 or if the individual does not have immigration documentation. The individual
			 will receive Medicaid coverage during this reasonable opportunity period. If
			 immigration status is not verified during the reasonable opportunity period,
			 Medicaid coverage will end on the 90th
			 day.
G-100
Verification
			 Standards
If the needed verification for an individual is not provided
				within the reasonable opportunity period, then benefits for that individual
				will be terminated. Timely and adequate notice must be provided. Other eligible
				members for whom citizenship is verified will remain eligible.
When the recipient tries in good faith to present satisfactory
				documentation, but is unable to obtain the necessary documents and needs
				assistance (e.g. homeless, mentally impaired, or physically incapacitated), and
				lacks someone who can act on their behalf, the caseworker should assist the
				recipient with obtaining the documentation of U.S. citizenship.
G-133
Acceptable Documents for Proof
			 of Citizenship
MS Manual 07/06/15
When citizenship cannot be verified via the electronic sources,
				the applicant will be notified to provide verification. If the documents
				provided by the applicant are in the secondary or lower level of verification
				used to verify citizenship, identity must be verified also. Refer to
Appendix C
for acceptable documents for proof of
				citizenship and identity.
G-134
Subsequent Citizenship
			 Verification
MS Manual 01/01/14
Once an individual's citizenship is documented and recorded,
				any subsequent changes in eligibility should not require repeating the
				documentation of citizenship. If an individual's Medicaid case is closed and he
				later reapplies, the worker will not need to request additional verification as
				long as proper documentation has been retained in the case file or narrated
				properly in the electronic record. However, if one of the two exceptions below
				occurs, the individual's citizenship must be verified again.
1. If later evidence raises a question of a
			 person's citizenship or identity; or,
2. If there is a gap of more than 5 years
			 since the Medicaid case was closed and the verification had been previously
			 destroyed.
G-140
Alien Status Verification Requirements
MS Manual 02/01/17
For the Families and Individuals group, verification will first
				occur through the FDSH. For other groups, alien status will be verified through
				SAVE (Systematic Alien Verification for Entitlement). If verification cannot be
				completed through these processes, refer to
MS Appendix
				C
.
In order to obtain verification from SAVE, the alien must
				provide documentation of alien status. In addition to providing alien
				documentation, all aliens must provide verification of their identity. If the
				documentation provided does not contain a photograph, another form of
				identification must be obtained.
If the alien does not have any documentation, refer him/her to
				the Immigration and Naturalization Service (INS) to obtain proof of status.
				Provide the individual with a 90-day written notice requesting the
				documentation and extend notice if additional time is needed. The INS National
				Customer Service Center phone number is 1-800-375 -5283. The customer service
				center will answer all questions and schedule appointments for the INS field
				offices. The INS field office addresses and the Arkansas counties serviced by
				each office are listed below:
The Fort Smith field office is located at 4977 Old Greenwood
				Road, Fort Smith, AR 72903. This office services the following counties in
				Arkansas:
Ashley
Baxter
Benton
Boone
Bradley
Calhoun
Carroll
Clark
Columbia
Crawford
Franklin
Garland
Hempstead
Hot Spring
Howard
Johnson
Lafayette
Little River
Logan
Madison
Marion
Miller
Montgomery
Nevada
Newton
Ouachita
Pike
Polk
Scott
Searcy
Sebastian
Sevier
Union
Washington
The Memphis Field Office is located at 842 Virginia Run Cove,
				Memphis, TN 38122. This office services the following counties in
				Arkansas:
Arkansas
Chicot
Clay
Cleburne
Cleveland
Conway
Craighead
Crittenden
Cross
Dallas
Desha
Drew
Faulkner
Fulton
Grant
Greene
Independence
Izard
Jackson
Jefferson
Lawrence
Lee
Lincoln
Lonoke
Mississippi
Monroe
Perry
Phillips
Poinsett
Pope
Prairie
Pulaski
Randolph
Saint Francis
Saline
Sharp
Stone
Van Buren
White
Woodruff
Yell
If all other eligibility requirements are met, the Medicaid
				begin date will be the first day of the month of application.
If the individual does not provide necessary documentation of
				alien status for the person requesting Medicaid coverage, the individual will
				be eligible for emergency services only following the 90-day reasonable
				opportunity period.
T
Note:
INS does not
				require children under age 14 to have documentation of their alien status.
				Therefore, if the adult who is applying for benefits has a documented legal
				alien status and attests to the child's legal status, the adult's statement is
				sufficient proof of the child's alien status.
INS requires children aged 14 through 17 to have documentation,
				but they are not required to carry it on their persons. The Immigration and
				Nationality Act (INA) requires all aliens 18 or older to carry INS
				documentation on their persons at all times.
G-141
Reasonable Opportunity for
			 Verifying Alien Status
MS Manual 02/01/17
When alien status cannot be verified through an electronic
				source, Systematic Alien Verification for Entitlement (SAVE) or initial
				documentation provided by the individual, the agency will provide the applicant
				a "90-day reasonable opportunity period" to provide the necessary documents to
				verify alien status. (Refer to
Appendix C
).
A notice will be sent to the applicant advising that
				verification of alien status must be provided within 90 days. The due date must
				be included on the notice. The reasonable opportunity begins on the date the
				notice is received by the individual. The date the notice is received is
				considered to be five (5) days from the date on the notice (day one is the date
				of the notice).
The Medicaid begin date will be the first day of the month of
				application if all other eligibility requirements are met.
T
Note:
If the individual
				clearly shows that the notice was not received on the
				5th day, the 90 days will start from the date the
				notice was actually received.
If the needed verification for an individual is not provided
				within the reasonable opportunity period, then benefits for that individual
				will be terminated. Timely and adequate notice must be provided. Other eligible
				members for whom alien status is verified will remain eligible.
When the recipient tries in good faith to present satisfactory
				documentation, but is unable to obtain the necessary documents and needs
				assistance (e.g. homeless, mentally impaired, or physically incapacitated), and
				lacks someone who can act on their behalf, the caseworker should assist the
				recipient with obtaining the documentation of alien status.
G-150
Income Verification
MS Manual 11/18/15
Income verification for MAGI groups will occur in the following
				manner:
If a MAGI household attests to income over the MAGI income
				limit the system will accept the self-attestation and find the household
				ineligible due to income. The household will receive the appropriate notice and
				be referred to the Federally Facilitated Health Insurance Marketplace
				(FFM).
If the MAGI household has income (attested or previously
				verified) under the MAGI limit, the system will determine if a member of the
				MAGI household is on an open SNAP or TEA benefit case. If one MAGI household
				member is found on an open SNAP or TEA Cash case, the MAGI household income is
				considered verified.
If a member in the MAGI household is not found on an open SNAP
				or TEA Cash case, the system will continue the reasonable compatibility process
				and check available electronic data sources.
If the household attests to income under the MAGI limit (to
				include zero income) and the electronic data sources return no record of income
				or income less than the MAGI limit, the system will consider the MAGI household
				to meet reasonable compatibility and no further income verification is
				needed.
If the electronic data sources return an amount over the MAGI
				limit, the system will trigger a pending verification notice to the household
				for income verification.
For all other eligibility groups, sources for verification of
				income are ARFinds, verified information from the SNAP record and documentation
				provided by the individual. If the income reported by the applicant exceeds the
				income limit, it is not necessary to check the verification sources. The
				applicant's statement of income may be accepted without further
				verification.