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People with Medicare Exempted From Proof of Citizenship for Medicaid
The Centers for Medicare and Medicaid Services (CMS) published final regulations on Friday, July 13, 2007, implementing the statutory requirement that Medicaid applicants and recipients who are U.S. citizens prove their citizenship through specific documentary evidence.
People who have Medicare, as well as people who receive Supplemental Security Income (SSI) and/or Social Security disability benefits are exempted from this requirement.
Here is the text of the actual final regulation:
Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Rules and Regulations
Page 38662
Medicaid Program; Citizenship Documentation Requirements; Final Rule
§ 435.406 Citizenship and alienage.
(a) * * *
(1) * * *
(iii) An individual for purposes of the declaration and citizenship documentation requirements discussed in paragraphs (a)(1)(i) and (a)(1)(ii) of this section includes both applicants and recipients under a section 1115 demonstration (including a family
planning demonstration project) for which a State receives Federal financial
participation in their expenditures, as though the expenditures were for medical assistance.
* * * * *
(v) The following groups of individuals are exempt from the requirements in paragraph (a)(1)(ii) of this section:
(A) Individuals receiving SSI benefits under title XVI of the Act.
(B) Individuals entitled to or enrolled in any part of Medicare.
(C) Individuals receiving disability insurance benefits under section 223 of the Act or monthly benefits under section 202 of the Act, based on the individual’s disability (as defined in section 223(d) of the Act).
Here is an excerpt from the Preamble to the Final Regulation in which CMS explains the exemption for people with Medicare, SSI and Social Security disability beneficiaries:
CMS Summary
As we stated in the interim final rule with comment period, the State must obtain satisfactory documentary evidence of citizenship and identity for all Medicaid applicants who have declared that they are citizens or nationals of the United States. This requirement applies to all recipients who declared at the time of application to be citizens or nationals of the United States unless an exemption applies. Section 1903(x)(2) of the Act provides several exemptions. The policy continues to be that individuals declaring to be citizens or nationals of the United States who are receiving SSI or who are enrolled in any part of Medicare are exempt from these requirements. The TRHCA also amended section 1903(x)(2) to exempt additional groups of individuals from the provisions requiring presentation of satisfactory documentary evidence of citizenship and identity. These groups are:
All individuals receiving SSI (the DRA only exempted individuals receiving Medicaid by virtue of receiving SSI);
Individuals receiving disability insurance benefits under section 223 of the Act or monthly benefits under section 202 of the Act based on such individual’s disability (as defined in section 223(d) of the Act)…
