Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS › Section 65A-1.301 - Citizenship

Current through Reg. 50, No. 138; July 16, 2024
(1) The individual whose needs are included
				must meet the citizenship and noncitizen 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, an individual who indicates
				they are a U.S. citizen, and who is not subject to an exemption as specified in
				42 C.F.R.
				435.406 (2007) (incorporated by reference).
				The Department will assist with obtaining documentation if the applicant or
				recipient indicates they are having a problem obtaining the
				documentation.
(3) The eligibility
				specialist must verify the immigration status of noncitizens through the United
				States Citizenship and Immigration Service (USCIS), formerly the United States
				Bureau of Citizenship and Immigration Services. 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), which is part of the Systematic Alien Verification
				for Entitlements (SAVE) Program. When the noncitizen provides neither an alien
				number nor USCIS document to indicate their status, the noncitizen must contact
				the USCIS to obtain documentation or verification of noncitizen status. The
				department will assist in obtaining documentation if requested. If the
				noncitizen provides any form of USCIS 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.
				Electronic verification of an eligible immigration status is acceptable proof
				of the individual's eligible status for all programs. Automated verification is
				attempted first. If automated verification cannot be obtained, noncitizenship
				status must be verified manually (i.e., secondary verification) through use of
				a USCIS form. Benefits will not be withheld when VIS-CPS 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 in an eligible noncitizen status.
(4) Noncitizens who would experience an undue
				hardship in obtaining current USCIS 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
				secondary or manual verification. Undue hardship includes living a prohibitive
				distance from the USCIS 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. 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
				status.
Rulemaking Authority
					 409.919,
					 414.45 FS. Law Implemented
					 409.903,
					 409.904,
					 410.033,
					 414.095(3),
					 414.31
					 FS.
New 4-9-92, Amended 11-22-93, Formerly 10C-1.301, Amended
					 4-18-99, 6-26-08.