Haw. Code R. § 17-1714.1-29 - Declaration of citizenship and non-citizen status

(a) The department shall provide Medicaid to an otherwise eligible individual who is a citizen:

(1) Provided the individual has declared that the individual is a citizen or national of the United States, and the department has verified such declaration;

(2) Except the following individuals are exempt from the verification requirement in this subsection:

(A) An individual in receipt of foster care services or benefits under Title IV-B or Title IV-E of the Social Security Act;

(B) An individual entitled to or enrolled in Medicare;

(C) An individual in receipt of disability benefits under Title II of the Social Security Act;

(D) An SSI recipient under Title XVI of the Social Security Act; and

(E) A newborn for the first year of life who is born to a Medicaid beneficiary mother.

(b) The department shall provide Medicaid to an otherwise eligible qualified non-citizen provided that the individual has declared that the individual is a qualified non-citizen and has provided satisfactory documentary evidence of status as a qualified non-citizen, and the Department of Homeland Security has verified that the individual is in satisfactory immigration status.

(c) For purposes of this section, "satisfactory immigration status" means an immigration status which does not make the individual ineligible for benefits under the applicable program.

(d) The declaration of citizenship, national or immigration status and verification requirements for an individual under subsections (a) and (b) may be provided by the individual or an adult member of the individual's household, an authorized representative, or if the individual is a minor or incapacitated, someone acting responsibly for the individual under a declaration signed under penalty of perjury.

Notes

Haw. Code R. § 17-1714.1-29

[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R. §§435.406, 435.949, 435.956) (Imp: HRS § 346-14; 42 C.F.R. §§435.406, 435.949, 435.956)