7 AAC 100.050 - Citizenship and alien status

Current through December 2, 2021

(a) To be eligible for Medicaid, an individual must meet all other eligibility requirements under this chapter, including the state residency requirement under 7 AAC 100.060, and
(1) be or claim to be a United States citizen under 7 AAC 100.054;
(2) be a qualified alien described in 7 AAC 100.052; or
(3) be one of the following North American Indians with lawful immigration status:
(A) Canadian Indians with at least 50 percent American Indian blood who are given special status under 8 U.S.C. 1359 and are exempt from immigrant registration or visa requirements;
(B) individuals who are not United States citizens but who are members of an Indian tribe.
(b) The following individuals are not required to provide additional verification of identity or United States citizenship to apply for Medicaid under this chapter:
(1) an individual who claims to be a United States citizen and who is a current recipient of
(A) SSI or SSDI benefits;
(B) Medicare;
(C) Title IV-E foster care or adoption assistance;
(D) state adoption assistance from a state that is a member of the Interstate Compact on Adoption and Medical Assistance; or
(E) state foster care assistance from a state that is a member of the Interstate Compact on the Placement of Children;
(2) a newborn child eligible under 7 AAC 100.306;
(3) an alien who applied for treatment of an emergency medical condition in accordance with 7 AAC 100.700.
(c) If an individual who is a mandatory member of the household under 7 AAC 100.104 is not eligible under (a) of this section, the department will include that individual's financial needs, income, and resources when determining financial eligibility for the household under 7 AAC 100.002(a) or (c).
(d) An individual who is applying for or receiving Medicaid benefits on behalf of another individual, not on the individual's own behalf, is not required to disclose or verify the individual's own citizenship or alien status.
(e) An applicant who claims to be a United States citizen under this section, who meets all other eligibility requirements under this chapter, and who is not otherwise exempt from verification under (b) of this section may receive Medicaid services pending verification of the applicant's United States citizenship in accordance with 7 AAC 100.054.
(f) If the department is unable to verify United States citizenship, the department will send a written notice to the applicant requesting proof of United States citizenship. The applicant must provide proof of United States citizenship to the department no later than 90 days after the date of the department's notice. If an applicant fails to provide proof of United States citizenship during the 90-day period, the department will send a final notice of ineligibility under 7 AAC 100.018(b).
(g) In this section,
(1) "Interstate Compact on Adoption and Medical Assistance" means the compact administered by the Association of Administrators of the Interstate Compact on Adoption and Medical Assistance under a cooperative agreement with the United States Department of Health and Human Services, Administration for Children and Families;
(2) "Interstate Compact on the Placement of Children" means the compact administered by the Association of Administrators of the Interstate Compact on the Placement of Children under a cooperative agreement with the United States Department of Health and Human Services, Administration for Children and Families.

Notes

7 AAC 100.050
Eff. 7/20/2007, Register 183; am 1/1/2011, Register 196

Authority:AS 47.05.010

AS 47.07.020

AS 47.07.040

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