reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 2 - United States Citizens › Rule 23-102-2.6 - Evidences of Identity

Current through June 25, 2024
A. Proof of
				identity is required when primary evidence of citizenship cannot be obtained
				and a secondary, third or fourth level evidence is used.
1. The identity of all applicants and
				recipients must be verified.
2.
				When a child younger than age sixteen (16) or a disabled individual living in a
				residential care facility does not have one of the following documents
				available to verify identity, an alternate document indicated below may be
				used.
3. Documents may be recently
				expired provided there is no reason to believe the document does not match the
				individual.
4. The following are
				evidences of identity:
a) A current state
				drivers license bearing either the individuals picture or containing other
				identifying information such as name, age, sex race, height, weight or eye
				color. School identification card with a photograph of the
				individual.
b) U.S. military card
				or draft record.
c) Identification
				card issued by the Federal, State, or local government containing the same
				information included on drivers licenses.
d) Military dependents identification
				card.
e) Certificate of Indian
				blood or other U. S. American/Alaska Native tribal document if the document
				carries a photograph of the individual, or has other personal identifying
				information relating to the individual such as age, weight, height, race, sex,
				eye color.
f) U.S. Coast Guard
				Merchant Mariner card.
g) Three or
				more corroborating documents such as marriage licenses, divorce decrees, high
				school diplomas (including general education or equivalency diplomas), employer
				ID cards, property deeds/titles or other similar types of documents issued by
				local or state governmental entities when no other higher-level evidence is
				available to verify identity. All documents must be originals or certified
				copies. They must include at a minimum, the individuals name plus any
				additional information to establish identity. Use only when second or third
				level, but not fourth level, evidence of citizenship was obtained.
h) Do not accept a Voter Registration Card or
				Canadian Drivers License as identity verification.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 2 - United States Citizens › Rule 23-102-2.7 - Establishing a Non-Applicants Identity

Current through June 25, 2024
A. The identity of
				the responsible person who is a non-applicant filing an application for others
				must be verified.
1. The responsible person is
				defined as a non-applicant parent, relative, non-relative or an authorized
				representative filing the application on behalf of others.
2. Non-applicants must not be asked to
				provide any document that discloses their own citizenship, immigration status
				or Social Security Number (SSN); however, such documents may be provided
				voluntarily.
3. A good cause
				determination for non-applicants can be made to waive or reduce the requirement
				if it is determined the non-applicant head of household or authorized
				representative cannot meet the identity verification requirement.
4. To establish identity, applicants must
				provide original documents or copies certified by the issuing agency. Other
				copies, including faxed or notarized copies of documents, are unacceptable.
				Like the documents used to verify citizenship, copies of the original identity
				documents must be certified by the supervisor or Medicaid Specialist who viewed
				them and retained as a permanent part of the case record for review and audit
				purposes.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.1 - General Information

Current through June 25, 2024
A. In general,
				eligibility and level of coverage is based on the aliens date of entry into the
				U. S., the date qualified alien status was obtained and/or the aliens
				immigration status.
42 CFR
				  §435.406(a)(2) (Rev. 2007).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.2 - Qualified Aliens

Current through June 25, 2024
A. Individuals
				living in the United States, who are not citizens, by birth or acquisition, and
				are not U. S. Nationals, are aliens.
B. For Medicaid purposes, certain aliens are
				referred to as qualified, meaning they are potentially eligible for full
				Medicaid services just like U. S. citizens.
C. Each applicant declaring to be a qualified
				alien is responsible to provide, or cooperate in obtaining, documentation of
				alien status.
42 CFR
				  §435.406(a)(2) (Rev. 2007).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.3 - Non-Qualified Aliens

Current through June 25, 2024
A. "Non-qualified
				aliens" are non-citizens are potentially eligible only for Emergency Medicaid
				services; however, there may be exceptions.
B. Non-citizens applying for Emergency
				Medicaid services are not required to disclose information regarding
				citizenship, alien status or enumeration and should not be requested to do
				so.
C. All applicable program
				requirements must be met before an alien is eligible for either full Medicaid
				or Emergency Medicaid services.
42 CFR §435.406(b)
				  (Rev. 2007).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.4 - Grandfathered Aliens

Current through June 25, 2024
A. Effective
				8/22/96, the Personal Responsibility and Work Opportunity Reconciliation Act of
				1996 (PRWORA) limited alien eligibility for Medicaid and other federal
				programs. However, Mississippi elected to grandfather in aliens who were
				receiving and eligible for Medicaid on that date. This means the grandfathered
				alien, who is lawfully residing in the U. S., has the right to have his
				eligibility continue under the alien rule in effect prior to 8/22/96. He also
				retains grandfathered rights if benefits are terminated and eligibility is
				later reestablished. If the alien was receiving Medicaid on 8/22/1996, but was
				subsequently determined to be ineligible, his status as a qualified alien must
				be determined for full Medicaid coverage. If he is not a qualified alien, he
				may be eligible for Emergency Medicaid services.
8 USC §
				  1612.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.5 - Classifications of Qualified Aliens

Current through June 25, 2024
A. There are nine
				(9) classifications of qualified aliens. Seven (7) are based on INS alien
				status, one (1) is based on battery or extreme cruelty and INS alien status,
				and one (1) is based on severe forms of trafficking and certification by U. S.
				Health and Human Services.
B. The
				nine (9) classifications of qualified aliens are:
1. An Alien Lawfully Admitted for Permanent
				Residence (LPR). Under the Immigration and Nationally act (INA);
2. A refugee. Admitted under Section 207 of
				the INA;
3. An Alien granted
				Asylum. Under Section 208 of the INA;
4. A Cuban and Haitian Entrant. As defined in
				section 501(e) of the Refugee Education Assistance Act of 1980;
5. An Alien Granted Parole For At Least One
				(1) Year. Under Section 212(d)(5) of the INA;
6. An Alien Whose Deportation Is Being
				Withheld. Under (1) Section 243(h) of the INA as in effect prior to April 1,
				1997; or (2) Section 241(b)(3) of the INA, as amended;
7. An Alien Granted Conditional Entry. Under
				Section 203(a)(7) of the INA in effect before April 1, 1980;
8. A Battered Alien. Meeting the conditions
				set forth in Section 431(c) of PRWORA, as added by Section 501 of the Illegal
				Immigration Reform and Immigrant Responsibility Act of 1996
				PL
				104-208 (IIRIRA), and amended Section 5571
				Balanced Budget Act of 1997,
				PL
				105-33 (BBA) and Section 1508 of the Violence
				Against Women Act of 2000, PRWORA as amended, is codified at
				8 USC
				1641(e);
9. A Victim of a Severe Form of Trafficking.
				In accordance with Section 107(b)(1) of the trafficking Victims Protection Act
				of 2000, PL
				106-86.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.6 - Verification/Documentation Of Qualified Alien Status

Current through June 25, 2024
A. The Systematic
				Alien Verification for Entitlements (SAVE) process is used to verify:
1. The authenticity of the aliens USCIS
				documents,
2. The date of the
				aliens admission to the U.S. and
3.
				The current immigration status of the alien.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.7 - Aliens Not Subject to SAVE Verification

Current through June 25, 2024
A. Victims of a
				severe form of trafficking and aliens applying for Emergency Medicaid services
				only are not subject to the SAVE verification process.
42 CFR §435.406
				  (Rev. 2007).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.8 - 5-Year Disqualification Period

Current through June 25, 2024
A. Unless an
				exemption is met, qualified aliens admitted to the U. S. on or after August 22,
				1996, are disqualified from receiving public benefits for:
1. The first five (5) years from the date
				they entered the country or
2. The
				first five (5) years from the day they obtained qualified alien status,
				whichever is later.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.9 - Requirement for Forty (40) Qualifying Quarters

Current through June 25, 2024
A. At the end
				of the five (5) year disqualification period, an alien classified as lawfully
				admitted for permanent residence (LPR) is potentially eligible for full
				Medicaid benefits only if he has forty (40) qualifying quarters (QQs) of
				earnings covered by Social Security or can be credited with forty (40) QQs
				which satisfy the requirement.
B.
				If forty (40) QQs cannot be credited, the LPR remains potentially eligible for
				Emergency Medicaid only. Aliens who are subject to the mandatory five (5) year
				disqualification period are not eligible for full Medicaid for the first five
				(5) years, even if they can be credited with forty (40) qualifying quarters
				prior to or during the five (5) year disqualification period.
C. The disqualification period must be
				imposed before an assessment of eligibility based on the forty (40) quarter
				requirement.
D. Aliens classified
				as granted parole for at least one year, battered aliens and aliens granted
				conditional entry are not required to have forty (40) QQ.
1902(a)(46)(B); 8 USC
				  § 1611, 1612, 1613, and 1641; 1903(v)(2),(3) and (4); 42 CFR
				  §§435.4, 435.406, 435.956; SPA
				  2013-0023.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.10 - 40 Qualifying Quarters of Earnings

Current through June 25, 2024
A. A qualifying
				quarter means a quarter of coverage as defined under Title II of the Social
				Security Act, which is worked by the alien, and/or:
1. All the qualifying quarters worked by the
				spouse of the alien during their marriage, provided the alien remains married
				to the spouse or the marriage ended by death and not divorce, and
2. All of the qualifying quarters worked by a
				parent of an alien while the alien was under age eighteen (18). The alien does
				not have to be under eighteen (18) at the time of the application.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.11 - Combining Quarters

Current through June 25, 2024
A. Subject to the
				limitations above, the aliens own QQs can possibly be combined with those of
				his parent(s) and/or spouse to attain the required forty (40)
				quarters.
8 USC §
				  1645.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.12 - Receipt of Means-Tested Benefits

Current through June 25, 2024
A. After December
				31, 1996, any quarter in which any of these individuals, i.e., the alien, his
				parent(s) and/or spouse, received Federal means-tested benefits, such as TANF,
				SSI and Medicaid, cannot be credited to meet the forty (40) quarter
				requirement.
8 USC §
				  1645.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.13 - Classifications Subject to 5-Year Ban

Current through June 25, 2024
A. Non-exempt
				aliens in the following classifications, admitted to the U. S. on or after
				8/22/96, are subject to the five (5) year disqualification.
1. Lawful Permanent Resident
				Aliens;
2. Aliens Granted Parole
				for at Least One Year; and
3.
				Battered Aliens.
4. Aliens granted
				conditional entry under Section 203(a)(7) in effect before April 1, 1980, are
				not exempt from the five (5) year disqualification per se; however, as a
				practical matter the disqualification will never apply since by definition,
				they entered the United States and obtain qualified alien status prior to
				8/22/96.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.14 - Classifications Exempt from 5-Year Ban

Current through June 25, 2024
A. The following
				alien classifications are exempt from the five (5) year ban:
1. Refugees,
2. Asylees,
3. Amerasian immigrants,
4. Cuban/Haitian entrants,
5. Aliens who have been granted withholding
				of deportation,
6. Victims of
				trafficking, and
7. Qualified
				aliens who are honorably discharged veterans, or
8. Active duty military and certain of their
				family members.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.15 - Seven-Year Eligibility Limit

Current through June 25, 2024
A. Some aliens in
				the above classifications have a seven (7) year time limit imposed on
				eligibility.
B. When the seven (7)
				year period ends, eligibility terminates the following month unless the aliens
				status has changed or he meets an exemption.
8 USC §
				  1612.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.16 - Status Adjustments to LPR

Current through June 25, 2024
A. When the
				time-limited aliens status adjusts to LPR during the seven (7) year period, the
				alien can continue to be eligible for the remainder of his seven (7) year
				period.
B. However, to continue to
				be eligible beyond the seven (7) year period, the alien must be credited with
				forty (40) QQs or meet an exemption. If that is not the case, his eligibility
				ends the first month after the seven (7) year period ends.
8 USC §
				  1612.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.17 - Alien Classifications Subject to Seven Year Limit on Eligibility

Current through June 25, 2024
A. These qualified aliens are subject to the
				seven (7) year eligibility limit:
1. Refugees.
				Qualify until seven (7) years after date of entry into the U. S.;
2. Asylees.- Qualify until seven (7) years
				after the grant of asylum;
3. Cuban
				and Haitian entrants. Qualify until seven (7) years after grant of that
				status;
4. Aliens whose deportation
				is being withheld. Qualify for the first seven (7) years after grant of
				deportation withholding;
5. Aliens
				admitted to the country as Amerasian immigrants. Qualify for seven (7) years
				from entry into the U.S.;
6.
				Victims of trafficking and their derivative beneficiaries. Qualify during the
				first 7 years after obtaining the status.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.18 - Qualified Aliens Not Subject to Eligibility Restrictions

Current through June 25, 2024
A. The following groups of qualified aliens
				are exempt from both the five (5) year disqualification and the seven (7) year
				eligibility time limit and if otherwise eligible, qualify for full Medicaid:
1. Non-citizen members of a
				Federally-recognized Indian tribe, as defined in
				25
				U.S.C 450(b)(e); and
				American Indians born in Canada to whom Section 289 of the INA
				applies;
2. Any qualified alien who
				is also
a) An honorably discharged veteran
				or
b) On active duty in the U. S.
				military or
c) The spouse
				(including a surviving spouse who has not remarried) or
d) An unmarried dependent child of an
				honorably discharged veteran or individual on active duty in the
				military;
3.
				Grandfathered aliens, i.e., those eligible for and receiving Medicaid on
				8/22/96;
4. Aliens who entered the
				U. S. and obtained qualified status prior to 8/22/96;
5. Aliens who entered the U. S. prior to
				8/22/96, but obtained qualified status on or after that date, and remained
				continuously present in the U.S. from their last entry date into the country
				prior to 8/22/96 until becoming a qualified alien. Refer below for the
				definition of continuously present.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.19 - Requirement for Continuous Presence in the U.S

Current through June 25, 2024
A. As
				previously indicated, a qualified alien who entered the U. S. prior to 8/22/96
				and obtained qualified status on or after that date, must have remained
				continuously present in the U. S. from their last entry date into the country
				prior to 8/22/96 until becoming a qualified alien. "Continously Present" in the
				U. S. is defined as
1. The alien had no
				single absence from the U.S. of more than thiry (30) days and
2. The alien had no total of aggregate
				absences of more than ninety (90) days.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.20 - Aliens Not Continuously Present

Current through June 25, 2024
A. Aliens who were
				not continuously present are considered to have entered the U. S. on or after
				8/22/96 and unless an exemption is met, are subject to the five (5) year
				disqualification period from the date qualified status was obtained and the
				forty (40) QQ requirement.
Interim Guidance on
				  Verification of Citizenship, Qualified Alien Status and Eligibility Under Title
				  IV of the Personal Responsibility and Work Opportunity Act of 1996; 62 Federal
				  Register 61344 and 61415 (November 17, 1997).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.21 - Victims of Severe Forms of Trafficking

Current through June 25, 2024
A. Trafficking
				victims are not included in the statutory definition of qualified alien. Under
				Section 107(b) (1) (A) of the Trafficking Victims Protection Act, however, they
				are eligible for means-tested benefits to the same extent as refugees, i.e.,
				victims of trafficking and their derivative beneficiaries qualify for Medicaid
				during the first seven (7) years after obtaining this qualified
				status.
22 USC §
				  7105(b).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.22 - Certification by Office of Refugee Resettlement

Current through June 25, 2024
A. The
				qualified status of a trafficking victim is not based on immigration status.
				The Office of Refugee Resettlement (ORR) issues a certification letter for an
				adult who has been subjected to a severe form of trafficking and meets
				statutory certification requirements. The ORR also issues a similar eligibility
				letter for children. Other agencies may issue letters or documents to victims
				of severe forms of trafficking; however, the ORR letter is the acceptable
				verification. Victims of trafficking are not required to provide immigration
				documents. SAVE verification is not required.
22USC §
				  7105(b).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.23 - Battered Aliens

Current through June 25, 2024
A. Battered aliens
				were not initially included in PRWORAs definition of qualified aliens. In
				passing Section 501 IIRIRA, Congress added a new Section 4319(c), which
				provides that the term qualified alien shall include such immigrants.
1. The alien must be either the person
				battered, the parent of a child who is battered or a child whose parent has
				been battered.
2. The battered
				alien must not be residing in the same household with the person responsible
				for battery or extreme cruelty. If the battered alien resumes living with the
				one who is responsible for the battery or extreme cruelty, the battered aliens
				eligibility will end the month after the month of reconciliation.
3. The alien must be the beneficiary of a
				petition for immediate relative status; classification to immigrant status
				based on relationship to a lawful permanent resident alien; or suspension of
				deportation and adjustment to lawful permanent resident status.
4. The alien must also be able to show a
				substantial connection between the battery or extreme cruelty and the aliens
				need for Medicaid.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.24 - Veteran or Active Duty Military

Current through June 25, 2024
A. To be eligible
				as a veteran, the qualified alien must have been honorably discharged, not
				based on alienage, and must have fulfilled minimum active duty service
				requirements. A qualified alien who is an active duty member of the Armed
				Forces, but not on active duty for training purposes only, can also be
				eligible. A qualified alien who is the spouse of a veteran or active duty
				service member may be eligible. The veteran's exemption also includes the
				unmarried surviving spouse of a veteran or active duty military person. To
				qualify as a surviviving spouse, at least one of the following conditions must
				be met:
1. The spouse must have been married
				to the veteran for at least one (1) year; or
2. The spouse must have had a child with the
				veteran, or
3. The veteran's death
				must have been due to an injury or illness incurred during military service and
				the marriage must have been in existence sometime within fifteen (15) years
				after the period of service in which the injury or disease was incurred or
				aggravated.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.25 - Loss of Exemption

Current through June 25, 2024
A. Surviving
				spouses who remarry lose the benefit of this exemption the month after the
				month of the remarriage. Spouses whose marriage ended in divorce lose the
				benefit of this exemption the month after the month of divorce.
8 USC §
				  1612.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.26 - Qualifying Children

Current through June 25, 2024
A. To qualify as a
				child of a veteran or active duty service person, the biological, adopted or
				stepchild must be:
1. Unmarried and claimable
				as a dependent on the military person's tax return; and
2. Under eighteen (18) years of age or under
				twenty-two (22) and a student regularly attending school; or
3. A child with disabilities who is over
				eighteen (18), if the child had a disability and was dependent on the veteran
				or active duty service member before the child's eighteenth
				(18th ) birthday; or
4. A surviving unmarried minor child of a
				veterans or person killed in active duty and dependent on the veteran at the
				time of the veteran's death.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.27 - Non-Qualified Aliens

Current through June 25, 2024
A. An alien who
				does not meet the specific requirements of a qualified alien is a non-qualified
				alien for Medicaid purposes. A non-qualified alien who meets MS residency
				requirements and other applicable eligibility factors can receive Medicaid
				Emergency Services only. An applicant for Emergency Medicaid services is not
				required to provide information regarding citizenship, immigration or
				enumeration and should not be requested to do so. The SAVE process is not used
				for a non-qualified alien.
42 CFR §440.255(c)
				  (Rev. 1991).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.28 - Illegal Aliens

Current through June 25, 2024
A. Illegal aliens
				are non-qualified aliens. This group of individuals includes:
1. Undocumented aliens who entered illegally
				without knowledge of USCIS; or
2.
				Aliens who were admitted for a limited period of time and did not leave the
				U.S. when the period of time expired.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.29 - Ineligible Aliens

Current through June 25, 2024
A. Ineligible
				aliens may be lawfully admitted to the U. S., but only for a temporary or
				specified period of time. These aliens are never qualified aliens, because of
				the temporary nature of their admission status, most ineligible aliens are not
				entitled to any Medicaid benefits, including emergency services.
B. However, in some instances, an alien in a
				currently valid non-immigration status may meet state residency requirements,
				such as intent to reside in MS for purpose of employment. If state residency
				requirements are met, the alien is potentially eligible for Emergency Medicaid
				services only.
C. Examples of
				ineligible aliens who are lawfully admitted:
1. Foreign Students;
2. Visitors;
3. Tourists;
4. Foreign government representatives and
				their families and servants;
5.
				Crewmen on shore leave;
6.
				International organization representatives and their families and
				servants;
7. Temporary workers
				(individuals allowed entry temporarily for employment purposes;
8. Members of the foreign press, radio, film,
				etc., and their families; and
9.
				Short term parolees.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.30 - Other Aliens

Current through June 25, 2024
A. Aliens who are
				admitted legally to the U. S., but do not fall into one of the specific
				categories of qualified aliens are non-qualified aliens. These individuals may
				include Legal Temporary Residents (LTRs), as well as individuals who are given
				temporary administrative statuses, i.e., a stay of deportation or voluntary
				departure until they can formalize permanent status or individuals who are
				paroled for less than one year or aliens under deportation
				procedures.
42 CFR §440.255(c)
				  (Rev. 1991).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.31 - Immigration Reporting

Current through June 25, 2024
A. Applicants who
				are found to be in the U. S. illegally through the application process are not
				subject to immigration reporting requirements. Persons who apply for benefits
				on behalf of others, i.e., a mother applying for her children, are not subject
				to immigration reporting requirements.
B. Declining to provide documentation of
				immigration status is not a valid reason to report an alien to immigration. The
				alien applicant who declines to present documentation of qualified alien status
				or a Social Security Number will only be able to receive Emergency Medicaid if
				otherwise eligible. In this instance, there is no reason to seek further
				verification of alien status beyond interviewing the applicant.
C. All rules of confidentiality must be
				applied in regard to an individual's alien status.
42 CFR §440.255(c)
				  (Rev. 1991)).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.32 - Criteria for Approval of Emergency Services

Current through June 25, 2024
A. Aliens who
				are not entitled to full Medicaid benefits may be eligible for emergency
				services only, if the following conditions exist:
1. All other eligibility requirements are met
				except satisfactory immigration status;
2. Care and services needed are not related
				to an organ transplant procedure or routine prenatal or postpartum
				care;
3. The alien has, after
				sudden onset, a medical condition manifesting itself by acute symptoms of
				sufficient severity (including severe pain) such as the absence of immediate
				medical attention could reasonably be expected to result in:
4. Placing the patient's health in serious
				jeopardy,
5. Serious impairment to
				bodily functions,
6. Serious
				dysfunction of any bodily organ or part, or
7. Is for labor and delivery.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.33 - Processing Eligibility for Emergency Medicaid Services

Current through June 25, 2024
A.
				At the point of application, the applicant, who is a non-qualified alien or a
				qualified alien subject to five (5) year disqualification, must be informed
				that if all applicable program eligibility requirements are met, Medicaid may
				reimburse for emergency services only (including labor and delivery) after the
				services have been received.
42 CFR §440.255(c)
				  (Rev. 1991).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.34 - Determining Eligibility for Emergency Medicaid Services

Current through June 25, 2024
A.
				When determining eligibility for Medicaid coverage for treatment of an
				emergency medical condition only, information obtained must:
1. Establish eligibility based on emergency
				services criteria, such as copy of the hospital bill or other documentation
				from the hospital including treatment or services received, dates of service
				and the diagnosis for the individual's condition; and
2. Establish eligibility on technical
				factors, except citizenship, alien status and enumeration, and financial
				factors.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.35 - Financial Eligibility

Current through June 25, 2024
A. The alien must
				be financially eligible. If not, the application will be denied.
42 CFR §435.406(b)
				  (Rev. 2007).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.36 - Budgeting for Citizen Children of Non-Qualified Alien(s)

Current through June 25, 2024
A.
				Children born in the United States to parent(s), who is a non-qualified alien
				as discussed in may be eligible for full Medicaid. The parent(s) and any
				sibling(s) who are non-qualified aliens cannnot be eligible for full Medicaid
				benefits; however, they may be assessed for Emergency Medicaid Services. A
				child born to a mother eligible for emergency services for labor and delivery
				is deemed eligible for Medicaid through the month of the child's first
				birthday, provided the child remains a member of the mother's household and a
				resident of the state. When the child reaches the age of one, a review is
				required. Verifications postponed during the deemed eligible child's first year
				must be provided.
42 CFR §435.117(b)
				  (Rev. 2007).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 3 - Aliens › Rule 23-102-3.37 - Public Charge

Current through June 25, 2024
A. Aliens who seek
				admission to the U.S. must establish that they will not become public
				charges.'
B. A "public charge" is
				an alien who has become (for deportation purposes), or who is likely become
				(for admission/adjustment purposes), solely dependent on government assistance
				as demonstrated by either
1. Receipt of public
				cash assistance for income maintenance (including Work First or SSI); or
a) "Income Maintenance" does not include
				one-time cash payments for emergency assistance or Benefit Diversion. The
				receipt of public cash assistance for income maintenance for a child does not
				create a public charge problem for the parent unless that cash assistance is
				the only source of income for the family.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 4 - Enumeration › Rule 23-102-4.1 - Social Security Number (SSN)

Current through June 25, 2024
A. Enumeration is
				the process of assigning Social Security Numbers. In general, applicants for
				Medicaid must be enumerated as a condition of eligibility by either;
1. Furnishing the Social Security Number.
a) The applicant can verbally provide the SSN
				when they do not have a card or other document with the number on it;
				or
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 4 - Enumeration › Rule 23-102-4.2 - Exceptions to the Enumeration for Applicants

Current through June 25, 2024
A. There are
				four (4) exceptions to the enumeration requirement for Medicaid applicants:
1. Non-qualified aliens applying for
				Emergency Medicaid services only do not have to provide a Social Security
				Number or provide proof of an application for a number as a condition of
				eligibility for emergency benefits.
2. The requirement is postponed for deemed
				eligible children until the first redetermination.
3. The Social Security Administration (SSA)
				does not issue SSN's to deceased individuals. The enumeration requirement is
				applicable if the SSN was issued prior to death.
4. The enumeration requirement may be waived
				for an applicant who, because of well-established religious objections, refuses
				to obtain a Social Security Number. The specialist will obtain the applicant's
				written statement which includes his religious affiliation and reasons for
				objecting to the requirement. The statement will be forwarded to the state
				office for final determination.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 4 - Enumeration › Rule 23-102-4.3 - Non-Applicants and Enumeration

Current through June 25, 2024
A. Non-applicants
				cannot be required to disclose their own SSN as a condition of
				eligibility.
B. For example, a
				mother who is applying for Medicaid only for her children cannot be required to
				provide her SSN even though she has financial responsibility for the
				children.
C. Voluntary disclosure
				of the SSN will enable the agency to make a more accurate eligibility
				determination and ensure correct benefits.
D. The application must not be denied solely
				because a non-applicant's SSN is not disclosed.
E. If the non-applicant's income is countable
				in the budget and is from a source usually verified using the SSN, alternate
				verification will have to be provided.
42 CFR §435.910
				  (Rev. 2001).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 4 - Enumeration › Rule 23-102-4.4 - Use of SSNs

Current through June 25, 2024
A. SSNs will be
				matched with the following agencies:
1.
				Employment Security to obtain data regarding wages and unemployment
				compensation;
2. Social Security to
				obtain net earnings from self-employment, wage and retirement information;
				and
3. Title XVI benefit
				information; and Internal Revenue Service (IRS) to obtain unearned income
				information such as interest, dividends, etc.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 4 - Enumeration › Rule 23-102-4.5 - Verification of the SSN

Current through June 25, 2024
A. When the
				applicant provides a document with the SSN or provides the number verbally, the
				number must be validated through SVES.
1. If
				the number originally submitted to SVES is not verified, the correct
				information must be obtained and re-submitted for the SVES inquiry.
2. If discrepancies exist, such as an
				applicant/beneficiary has more than one SSN or has the same SSN as another
				individual, the client must be referred to the SSA office for
				resolution.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 5 - Categorical Eligibility › Rule 23-102-5.1 - Categorical Eligibility

Current through June 25, 2024
A. Eligibility for
				the Medicaid program is limited to certain groups of individuals authorized by
				Congress.
B. When authorizing a
				group, Congress also establishes specific requirements which must be met to
				qualify as a member of that group.
1. Each
				designated group is assigned a category of assistance.
2. The requirements which must be met to fit
				into a group or category are known as categorical requirements.
3. The Division of Medicaid is responsible
				for the following categories of assistance: aged, blind, disabled, children
				under age nineteen (19), pregnant women and families with dependent
				children.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 5 - Categorical Eligibility › Rule 23-102-5.2 - Aged

Current through June 25, 2024
A. An individual categorically eligible as
				aged must be sixty (65) years of age or older.
B. According to the SSI program, a given age
				is attained on the first moment of the day preceding the anniversary of the
				individual's birth.
1. Example: A person born
				on January 1, 1943, is considered to be age sixty (65) as of December 31, 2007,
				and meets the definition of an aged individual in the month of December 2007. A
				person born January 2, 1942, meets the definition of an aged individual in
				January 2008.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 5 - Categorical Eligibility › Rule 23-102-5.3 - Blindness and Disability

Current through June 25, 2024
A. To be
				categorically eligible for Medicaid as blind or disabled, the individual must,
				at a minimum, meet the Supplemental Security Income (SSI) definition of
				blindness or disability.
1. The Disability
				Determination Service (DDS) makes all decisions relating to disability and
				blindness for the Division of Medicaid and the Social Security Administration
				(SSA).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 5 - Categorical Eligibility › Rule 23-102-5.4 - Children Under Age 19

Current through June 25, 2024
A. The Families.
				Children and CHIP (FCC) programs serve children in specific age
				groups.
B. Children have continuous
				eligibility for a twelve (12) month certification period unless an "early-out"
				termination reason is met.
42 CFR §435.116
				  (Rev. 1993).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 5 - Categorical Eligibility › Rule 23-102-5.5 - Pregnant Women

Current through June 25, 2024
A. A pregnant woman
				of any age is categorically eligible.
B. A pregnant woman's eligibility includes a
				two (2) month post-partum period following the month of delivery, miscarriage
				or other termination of pregnancy.
42 CFR §435.116
				  (Rev. 2012).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 5 - Categorical Eligibility › Rule 23-102-5.6 - Parents and Caretaker Relatives of Dependent Children

Current through June 25, 2024
A.
				Low-income parent(s) or caretaker relatives with children under age eighteen
				(18) are categorically eligible for Medicaid.
B. This group includes intact two (2) parent
				families and families in which the children are deprived of one or both
				parents.
C. A caretaker relative is
				related by blood, adoption or marriage with whom the dependent child is living,
				who assumes primary responsibility for the child's care, as may be indicated by
				claiming the child as a tax dependent for federal income tax purposes and meets
				a specified degree of relationship.
D. A dependent child is under the age of
				eighteen (18) and is deprived of parental support by reason of the death,
				absence from the home, physical or mental incapacity, or unemployment (or
				underemployment) of at least one parent.
Revised eff.
				  08/01/2020.
42 CFR §435.110
				  (Rev. 2012).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 6 - General Eligibility Requirements › Rule 23-102-6.1 - Basic Eligibility Requirements

Current through June 25, 2024
A. An eligible
				individual must:
1. Be in one of the
				categories of assistance;
2. Be a
				citizen of the United States or a qualified alien;
3. Be a resident of Mississippi; and in
				addition,
4. Have income and
				resources, when applicable, within specified program limits; and
5. File an application.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 6 - General Eligibility Requirements › Rule 23-102-6.2 - Eligible Individuals - ABD Programs

Current through June 25, 2024
A. The eligible ABD
				adult or child is one who meets all basic program requirements.
B. An eligible spouse is a person who:
1. Meets all of the basic program
				requirements,
2. Is the husband or
				wife of an eligible individual; and
3. Lives with the eligible
				individual.
4. This includes a man
				and woman who hold themselves out as husband and wife.
5. The individual and spouse must each apply
				and meet all of the basic program requirements to establish eligibility as a
				couple.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 6 - General Eligibility Requirements › Rule 23-102-6.3 - Eligible Individuals - FCC Programs

Current through June 25, 2024
A. Children under
				age nineteen (19), pregnant women of any age and parents or needy caretakers,
				within the specified degree of relationship, are eligible individuals for the
				FCC programs if they apply and meet program requirements.
B. For family coverage, parents must live
				together, have a biological, adopted or step child, apply and meet all of the
				basic program requirements.
42 CFR §. 435.110
				  (Rev. 2012).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 6 - General Eligibility Requirements › Rule 23-102-6.4 - Verification of Age

Current through June 25, 2024
A. The age of an
				individual must be verified in the following situations:
1. The applicant is an adult or child
				applying for benefits which are based on age;
2. There are ineligible children in an ABD
				deeming household;
3. A disabled or
				blind applicant under age twenty-one (21) applies for ABD and any of the
				following conditions exist:
a)
				Deeming;
b) Student earned income
				exclusion; or
c) Support from
				absent parent exclusion.
4. Age will be verified by matching with
				electronic data sources, as required by the ACA. If age cannot be verified by
				available data sources, the applicant will be required to provide acceptable
				verification of age.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 6 - General Eligibility Requirements › Rule 23-102-6.5 - Marital Relationships - ABD Programs

Current through June 25, 2024
A. A marital
				relationship is one in which members of the opposite sex are:
1. Married under State law;
2. Married under common law provided the
				couple began holding out prior to April 1, 1956;
3. Married for Title II purposes, meaning one
				member of the couple is entitled to spouse's benfits on the record of the
				other;
4. Living in the same
				household in a holding out" relationship as man and wife.
a) A man and woman who live in the same
				household are married for SSI/Medicaid purposes if they hold themselves out to
				the community in which they live as husband and wife.
b) It is possible for a couple to live
				together and not be "holding out" as man and wife, depending on the economic
				and social circumstances. The only way to make a determination of marital
				status is examine how the couple holds themselves out to the community. If the
				couple is determined to be living separately and apart, each is treated as an
				individual. However, when evidence does not support that a couple is living
				separately and apart, couple rules and deeming applies.
c) When a couple lives together, but denies
				"holding out", as many items of evidence as possible are needed to make a
				determination as to the couple's relationship and living arrangement. Such
				evidence may include mortgages, leases rent receipts, property deeds, bank
				accounts, tax returns, credit cards, information from other government
				programs, (SSA, public housing, food stamps, etc), and statements from friends,
				relatives and neighbors.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 6 - General Eligibility Requirements › Rule 23-102-6.6 - Termination of a Marital Relationship - ABD Programs

Current through June 25, 2024
A. For ABD
				programs, the marital relationship no longer exists as of the date that:
1. Either individual dies;
2. A final decree of divorce or annulment is
				issued for the marriage; (If a divorced couple resumes living together, the
				specialist must develop whether they have a holding-out
				relationship.)
3. Either individual
				begins living with another person as their spouse;
4. The couple is determined not to be married
				for Title II purposes if that was the basis for considering the couple
				married;
5. The couple begins
				living in separate households;
a) When a
				married couple claims to be living apart, As many items of evidence as possible
				must be obtained to make a determination as to the couple's relationship and
				living arrangement. Such evidence may include mortgages, leases rent receipts,
				property deeds, bank accounts, tax returns, credit cards, information from
				government programs (SSA, public housing, food stamps, etc), and statements
				from friends, relatives and neighbors.
b) If the couple is living apart, each person
				is treated as an individual.
6. A man and woman who are still legally
				married and resume living together after having lived part is a married couple,
				regardless of the reason for having resumed living together.