Haw. Code R. § 17-1714.1-30 - Verification of citizenship and non-citizen immigration status

(a) The department shall verify citizenship or non-citizen immigration status through the federal electronic service under section 17-1714.1-12(b).

(b) If the department is unable to verify citizenship or immigration status through the federal electronic service, the department shall:

(1) Verify citizenship with acceptable documentary evidence and in accordance with section 17-1714.1-31.

(2) Verify immigration status in accordance with section 1137(d) of the Social Security Act (42 U.S.C. §1320b - 7(d)(1)(B)(iii)) and the requirements of section 17-1714.1-31.

(c) If the department is unable to promptly verify the citizenship or non-citizen immigration status of an individual in accordance with subsection (a), the department:

(1) Shall provide the individual with a reasonable opportunity to obtain or provide the necessary information in accordance with subsections (e) through (i); and

(2) May not delay, deny, reduce or terminate benefits for an individual who is otherwise eligible for Medicaid during the reasonable opportunity period.

(d) The department shall maintain a record of having verified citizenship or non-citizen status for each individual, in an electronic database. The department may not re-verify or require an individual to re-verify citizenship or non-citizen status at a renewal or eligibility or subsequent application following a break in coverage.

(e) The department shall notify the individual for whom the department is unable to promptly verify citizenship or satisfactory non-citizen status in accordance with chapter 1713.1.

(f) During the reasonable opportunity period, the department shall, if relevant to verification of the individual's status, assist the individual as follows:

(1) Assist the individual in obtaining an SSN;

(2) Attempt to resolve any inconsistencies between information provided by the individual and data from the electronic service, and resubmit corrected information;

(3) Provide information on how to contact the source of the electronic data directly to resolve the issue; and

(4) Permit the individual to provide other documentation of citizenship or immigration status.

(g) The reasonable opportunity period shall begin on and shall extend ninety days from date the individual receives notice from the department that the department was unable to verify citizenship or satisfactory immigration status. The notice is considered to be received by the individual five days after the date of the notice, unless the individual can show it was not received within the five day period.

(h) At the department's option, the reasonable opportunity period may be extended beyond ninety days if the individual provides evidence of a good faith effort to resolve the issue or the department requires additional time to complete the verification process.

(i) At the end of the reasonable opportunity period, and any extensions granted by the department, if the individual's citizenship or non-citizen status has not been verified in accordance with subsection (a), the department shall take action within thirty days to terminate eligibility, subject to the provisions of chapter 17-1703.1.

Notes

Haw. Code R. § 17-1714.1-30

[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R. §§435.407, 435.956) (Imp: HRS § 346-14; 42 C.F.R. §§435.407, 435.956)