5000-5 Incomplete Verification 5000-5 INCOMPLETE VERIFICATION 5000-5 A. CIRCUMSTANCES FOR WHICH VERIFICATION MAY BE WAIVED Eligibility may be found for the first two calendar months without complete verification if all of the following conditions are met and documented in the case file: 1. The eligibility factor that is not fully verified requires documentary evidence; 2. The necessary documents are not in the possession of the applicant and he or she cannot easily obtain them; 3. The documents have been requested and cannot be reasonably expected to be received within the 30 days allowed for the caseworker to make a final eligibility decision; 4. At least one collateral contact has been made, which verifies the factor of eligibility is met; 5. There is no reason to doubt the applicant’s statement about the factor in question; 6. The caseworker requested a supervisory review of the case situation and the supervisor approves a temporary finding of eligibility; and 7. The case is placed in a suspense system to assure that the documents are received and the factor is fully verified at least 10 days before the end of the second month. 5000-5 B. CIRCUMSTANCES FOR WHICH VERIFICATION CANNOT BE WAIVED Social Security Enumeration: Verification requirements for Social Security enumeration applications cannot be waived with the exception of Newborn Coverage (see Section 5330). Applicants must have a Social Security Number or apply for one as a condition of eligibility for Medicaid. (For more information on applying for a Social Security number, see Section 5014 and the Administrative Procedures Manual.) U.S. Citizenship and Eligible Alien Status: Verification of US. citizenship and identity cannot be waived unless exempt. See Section 5011 for exceptions to this requirement. Caretaker Relationship: If the caseworker is unable to verify the child’s relationship to his or her possible specified relative, the child will not be considered a household member for Family Medicaid purposes. See Section 5120-1. 5005 Application And Review Process 5005 APPLICATION AND REVIEW PROCESS In order for the Division of Public Assistance (DPA) to determine a household’s eligibility, the household must: Submit an identifiable application; Complete and sign an approved application form; Attend an interview with a DPA caseworker, DPA-contracted fee agent, or Native Family Assistance Program (NFAP) agency staff person, if an interview is required; and, Provide documentation and verification, including required forms, needed to determine program eligibility. An application form must be given to the individual the same day DPA or the fee agent receives a request for an application. All households must be advised that they may file an application the same day they contact the office in order to establish their benefit start date. Individuals requesting an application by phone will be sent one the same day the telephone request is made. Fee agents help individuals who live in communities that do not have a local DPA office apply for public assistance. DPA provides fee agents with applications and other forms individuals need to apply for assistance. Individuals are not required to go to a fee agent, and may send the application directly to the nearest DPA office. An application is considered filed when a DPA office receives an acceptable application form containing the applicant's name, address, and signature. Faxed applications are accepted. Applicants must be advised that eligibility cannot be determined until a member of the household completes an application form and participates in an interview with a caseworker, fee agent, or Native Family Assistance Program agency, if an interview is required. The receipt of an identifiable application in a DPA district office establishes the application filing date. The caseworker has 30 days following the application filing date to process the application. When the applicant asks to apply for another program prior to the eligibility determination, use the original filing date and benefits start date for all programs. Note: If an individual appears to be eligible under more than one Medicaid eligibility category, the individual may select the category. 5005-2 The Application Form 5005-2 THE APPLICATION FORM 5005-2 A. What is an Acceptable Application Form? The Gen 50B, Application for Services form, is the initial application form that is used to apply for any public assistance program, except the Heating Assistance Program. To apply for Heating Assistance, a Heating Assistance Program application must be completed. The Gen 72, Eligibility Review Form, is the review application form that is used to determine continued eligibility for Adult Public Assistance, Food Stamps, Medicaid, and Temporary Assistance. If received in the month following the end of the review period, the Gen 72 form can be used as an initial application form. If received after the month following the end of the review period, a Gen 50B application form is required. The Gen 72 form will be accepted to protect the benefit start date; however, it cannot be used as the initial application form. The Native Family Assistance Program (NFAP) TANF application form is an acceptable application form for Adult Public Assistance, Food Stamps, Medicaid, and Temporary Assistance. The following specialized application forms are also available and their use is encouraged when appropriate: The Gen 132, Denali KidCare Application, used for all poverty level children, pregnant women, and all children applying for or receiving SSI; The Gen 33, Application for Medicaid and Title IV-E Foster Care for a child in DHSS Custody, used by the Office of Children’s Services (OCS) to apply for children in state custody, Title IV-E foster care and adoption assistance agreements, and state-only adoption assistance agreements; The Gen 35, Application for Medicaid for a child in DHSS Custody, used by youth corrections staff and specialized/Title IV-E caseworkers. 5005-2 B. When is an Application Required? 1. Upon the individual's first application for a program, except if the individual is already a recipient of another DPA assistance program. 2. Upon application from a denied, withdrawn, or closed status, unless the denial or closure was the result of an administrative error. 3. Any time the caseworker believes the individual’s circumstances have changed sufficiently to justify conducting a special redetermination of eligibility, including when an office conducts a special review project for all or part of its caseload. 5005-2 C. When is an Application Not Required? 1. To reopen a closed case as a result of an individual's timely request for a fair hearing, or to open or reopen a case as the result of a fair hearing decision. 2. To reopen a case that had been closed incorrectly. 3. To redetermine eligibility after the initial application is denied for failing to provide verification and the household provides the verification within 30 days from the application filing date. 4. To redetermine eligibility after the application is denied for failing to attend an interview and the household contacts the office to reschedule the interview within 30 days from the application filing date. 5. When there is a change in “payee”, “in care of” addressee, or mailing address. 6. When the individual is already a Medicaid recipient in another eligibility category. Example: An 18-year old individual is removed from the Family Medicaid or Denali KidCare case because of age. If the 18 year old meets all the financial and non-financial criteria of the Medicaid program that individual may be moved to the Under 21 Medicaid eligibility category without a new application. 7. When an applicant is being added to an ongoing Medicaid case. All additional forms and documentation needed for that individual (i.e., a 1603, verification of citizenship, etc.) must be obtained before eligibility can be determined. Example: A cousin moves into the home of a family already receiving Family Medicaid. 8. When an individual is already part of an active public assistance case and the existing case file already includes the information needed to make a prospective Medicaid determination. The caseworker must carefully document the source of information used to make the eligibility determination. TPL or any other missing information should be requested separately. 9. When a family moves from FM to Transitional Medicaid, or from Transitional Medicaid to FM or Denali KidCare. 10. When an applicant originally applied for TEFRA, but at the time of application was only found eligible for FM or Denali KidCare. The recipient is not required to file a new application at the time the recipient does move to TEFRA. 11. When a household is ineligible for the first month, but eligible for the second month. See Section 5005-6A. 5005-2 D. What is an Identifiable Application? An identifiable application is an acceptable application form containing the applicant’s name, address, and signature (or witnessed mark) of the individual seeking assistance or of the individual's authorized representative. Each DPA office must accept and date the identifiable application when it is presented. An individual who contacts a DPA office and who shows interest in the program or a desire to apply shall be advised of his or her right to submit an identifiable application on the date of the contact in order to establish the benefit start date. The individual may file an identifiable application on an acceptable application form as described at Section 5005-2. 5005-2 E. Who Can Sign the Application Form? An adult household member A minor parent An authorized representative An individual who has legal authority to act on the applicant’s behalf (i.e., Office of Public Advocacy, legal guardian) An individual with appropriate power of attorney. A responsible person, if the individual filing the application is incapable of applying and of appointing an authorized representative in writing. If a child is living with more than one caretaker relative, either of the relatives may be an eligible signer of the DKC application. The parent, guardian, or the child may sign the Denali KidCare or Under 21 Medicaid application when the caseworker determines it is appropriate. Note: Any person has a right to submit an application for Medicaid or Denali KidCare and to sign the application form, either for themselves or on behalf of another person. The signer must certify, under penalty of perjury, the truth of the information contained in the application. The appropriate individual to sign a Medicaid or Denali KidCare application is a specified relative of a dependent child, the authorized representative of a specified relative, or, if the specified relative is incompetent or incapacitated, a responsible individual acting on behalf of the specified relative. If a child is living with more than one specified relative, either of the relatives may be an eligible signer. When both parents are included in the case, both parents must sign the application. 5005-2 F. Who can be an Authorized Representative? A responsible adult, 18 years or older, may be designated by the applicant in writing as authorized representative. If the applicant is illiterate, his/her mark must be witnessed by two individuals who must each sign their names and date the document. No special form is required. Authorized representatives may sign the application and act on behalf of a household. A household member should prepare or review the application, if possible, even though the authorized representative will be filing the application and/or attending the interview. 5005-2 G. Completing the Application Form In addition to making an identifiable application and having it signed by an eligible individual, the applicant must answer all of the questions on the application form. If the individual requests help in completing the application form, the caseworker will offer assistance. If the application form is not completed, the caseworker will allow the household an opportunity to complete the form. In this case, written notification will be sent to the household listing the items that need to be completed. See Section 5005-6(C), Pending the Application. 5005-4 The Interview 5005-4 THE INTERVIEW 5005-4 A. When is an Interview Required? Interviews are mandatory for all initial applicants. A face-to-face interview is required at the time of initial application unless the faceto-face interview is waived. See Section 5005-4(D) for policy on when an interview can be waived. Exception: Interviews are not required for Denali KidCare applications. 5005-4 B. Who Must Attend the Interview? A member of the applicant household who can sign the application form or an individual authorized by the household must attend the interview. 5005-4 C. Who Can Conduct the Interview? 1. DPA Caseworker: Most individuals will be interviewed by a DPA caseworker in the DPA office or by telephone. 2. DPA-contracted Fee Agent: In communities where there is no DPA Office, the fee agent conducts the interview for individuals who want to apply for public assistance. The fee agent will complete a Fee Agent Interview Report form (FA #1) and submit it with each application. 3. Native Family Assistance Program (NFAP) Agency: We will accept the NFAP interview, if one is conducted, and not require the individual to be interviewed again. If the NFAP interview notes are not provided with the application, the caseworker should obtain them from the NFAP agency. Note: Regardless of who conducts the interview, if additional information or verification is needed to process the application, the caseworker will contact the applicant to get this information. 5005-4 D. When Can the Face-to-Face Interview be Waived? Face-to-face interviews can be waived when the applicant is unable to attend the interview for reasons including: 1. Illness or disability; 2. Transportation difficulties; 3. Prolonged severe weather; 4. Needed to care for a family member; 5. Living in a location not served by a DPA office; or 6. Work or training hours that preclude an in-office interview during office hours. The caseworker shall document the reasons a face-to-face interview is waived. A household whose face-to-face interview is waived shall be interviewed by telephone or through correspondence. 5005-4 E. Interviews Conducted at the DPA Office Interviews must be scheduled for applicants who cannot be interviewed on the day they submit an application. The interview must be scheduled timely to ensure eligible households have an opportunity to participate within 30 days after the application is filed. Applicants may bring anyone they choose to the interview. During the interview, applicants must be informed of their rights and responsibilities and basic program procedures. When the applicant fails to appear from a scheduled interview and does not reschedule, the application is denied. If the household contacts the office within 30 days of the application filing date, the office must schedule an interview. If the household is determined eligible, the original application is used and benefits start based on the date the application was filed. Note: If an application is registered on EIS as a request for service, EIS will automatically deny the application on the 30th day from the date the application was filed. The household is notified via a system-generated notice. 5005-4 F. Changes Reported at the Interview Applicant households must report all changes affecting their eligibility or benefits at the interview. Changes reported after the interview, but before a case decision is made, will be considered in the initial eligibility determination. When the household reports a new household member before a case decision is made, the new member is considered part of the household. The benefit start date is used to determine the benefits for the household, including the new member. See Section 5002-3 for policy under the one day-one month principle. The individual must be in the home at least one day of the month to be included in that month. However, when the household reports prior to the eligibility determination that a person moved out, that person is not considered part of the household for any month. Example # 1: A household applies May 27. At the interview on June 5, the individual reports her spouse moved in on May 30. The spouse is considered part of the household and the household’s benefit start date is May 1. If the spouse moved in on June 3, the spouse is included in the household effective June 1. Example #2: A household applies on July 28th and is interviewed August 9th. During the interview, the individual reports that her husband moved out on August 4th and is not expected to return. The husband is not considered part of the household for either July or August, and verification of his income and resources are not needed. Income and resources available to the household must still be considered. 5005-5 Verification 5005-5 VERIFICATION See Section 5000-4 for policy on verification. 5005-5 A. Verification Required Prior to Allowing Deductions Caseworkers must obtain verification of allowable expenses when the expenses result in a deduction of countable income. Households must be given an opportunity to provide the verification before the eligibility determination is made. If the household does not provide verification of the following expenses, the application is processed without the deduction. Dependent care expenses. Deductible child support payments. 5005-5 B. Information from Data Systems and EIS Interfaces Several data systems and computer interfaces are available through the Internet and on-line EIS access. Caseworkers must check these systems for each household member at each application and review as part of the verification process. In some situations, the information will be from the source and can be used as verification. In other situations, the caseworker must followup on the information. Example: The caseworker checks the interfaces and data systems for the two members of an applicant household. The Department of Labor system shows one is currently receiving unemployment benefits of $120 weekly. This information is used as income verification since the information is directly from the source of the income. The caseworker also finds that the other applicant had earnings listed for the prior quarter. The caseworker contacts the household to determine if the person is still working or if there is any change in health insurance and, if so, requests verification. Direct Data Systems INGENS Public Information Database NSTAR or NFIN State of Alaska Child Support Services Division State of Alaska Department of Labor (DOL) Automated Status Verification System (ASVS) EIS Interfaces (using the INME menu) BENDEX Social Security Administration SDX Social Security Administration State of Alaska Department of Labor (DOL) State of Alaska Permanent Fund Dividend Division Senior Benefits Program State Verification Exchange System (SVES) Information Verified Ownership of resources including vehicles, real estate, fishing permits, mining claims, boats Child Support collections Child support disbursements Legal obligation to pay child support Unemployment Insurance Benefits Qualified alien status of household members who are not U.S. citizens Information Verified SSA payments SSI payments Employment history through quarterly wage match PFD payments Senior Benefits Program payments SSA and SSI payments 5005-6 Actions On Application 5005-6 ACTIONS TAKEN ON THE APPLICATION Every applicant must be provided with adequate written notice of the action taken on the application. Adequate notice means that the individual is informed of the action taken, the reasons for the action, and the manual sections from the appropriate program policy manual that supports the action. 5005-6 A. Approving the Application An approval notice must be sent to the household following a determination of eligibility. Except when the application is delayed as described below, approved households must receive benefits no later than 30 days after the application filing date. To meet this requirement, the caseworker must authorize the benefits by the 28th calendar day following the application filing date. See Section 50056(F) for policy on when an application is delayed. Eligible First Month/Ineligible Second Month: A household may be eligible for the month of application and ineligible in the subsequent month. In this case, the household should be approved only for the month of application. Ineligible First Month/Eligible Second Month: A household may be ineligible for the month of application but eligible in the subsequent month. Even though denied for the month of application, the household does not have to reapply. The same application is used for the first month denial and the determination of eligibility for the subsequent month. 5005-6 B. Benefit Start Date The benefit start date determines the date from which benefits begin. It is the date a household initially requests benefits and files an identifiable application: At the DPA office: The benefit start date is the date the DPA office receives the application form; or With a Native Family Assistance Program (NFAP) Agency: The benefit start date is the date the NFAP agency receives the application form. 5005-6 C. Pending the Application When the office needs the applicant to submit a complete application form, or provide information needed to determine eligibility, the application is pended, and a notice is sent. The notice clearly informs the applicant what is needed to complete the application. Applicants will be given at least 10 days, but no more than 30 days, from the date of this notice to provide the verification. The same verification pend time frames will be consistently applied to all applicants within each office. 1. Applicants failing to provide all necessary verification at the interview will be sent a pend notice no later than 30 days after the application filing date requesting the required verification. 2. Applicants contacting the agency within the pend period expressing difficulty in obtaining required verification will be offered assistance. The caseworker should extend the pend period if additional time is needed to obtain the information. A new pend notice should be sent. 3. If the applicant does not complete the application process, the application is denied at the end of the period provided in the notice. 5005-6 D. Denying the Application A denial notice must be sent to the applicant explaining the reason for the denial. This notice should be sent as soon as possible following the determination of ineligibility, but no later than 30 days following the application filing date. Applicants denied for failing to provide needed verification by the end of the pend period will be sent a notice of denial at the end of the pend period. If the applicant provides the verification after the pend period but within 30 days of the application filing date, the caseworker must accept the verification and make an eligibility determination without requiring a new application. If the household is found eligible, the caseworker will use the original benefit start date. Note: When the deadline for processing an application or providing verification does not fall on a workday, it will be extended to the next workday. See Section 5005-4(E) for policy on denying applicants for failing to attend an interview. 5005-6 E. Withdrawing an Application The applicant may voluntarily withdraw the application at any time before the eligibility determination is made. A written or verbal request to withdraw is acceptable. The reason for withdrawal (if known) shall be documented in the case file. The applicant shall be advised of his or her right to reapply at any time by submitting a new application. A notice shall be sent to the individual denying the withdrawn application. If the individual wants to apply again once an application has been withdrawn, he or she must complete a new application. 5005-6 F. When the Application is Delayed If a household's eligibility has not been determined or benefits have not been authorized to an eligible household by the 30th day following the application filing date, the application is delayed. The caseworker will determine the cause for the delay and take appropriate action: 1. Agency-caused delays include cases where the application was not approved, denied or pended within the allowable time limits. If an eligibility determination cannot be made by the 30th day from the application filing date because of action required by the agency, the case is left in a pending status. The household must be sent a pend notice by the 30th day. 2. Household-caused delays include situations where the office cannot take further action on the application without an action from the household. If the household fails to submit a complete application form or attend an interview by the 30th day from the application filing date the application is denied. 5008 RETROACTIVE MEDICAID ELIGIBILITY Retroactive Medicaid eligibility may be available to a Medicaid applicant who did not apply for assistance until after they received care, either because they were unaware of Medicaid or because the nature of their illness prevented the filing of an application. Retroactive eligibility is available when there is an unpaid medical bill for a service provided for three full months immediately before the month of application providing the individual meets all the eligibility criteria. An applicant does not need to be eligible in the month of application (or current month) to be eligible for one or more months of retroactive Medicaid. Retroactive Medicaid may also be available to an individual who is added to a case (e.g., child returns home). See Sections 5005-2(B) and (C) to determine if a new application is required. The date of application, rather than the date of the eligibility determination, establishes the beginning of the three-month retroactive period. Eligibility for a retroactive month cannot be assumed based on current month eligibility. Determine eligibility for each month separately using the eligibility rules in effect for that month. The caseworker must inform each applicant of the availability of retroactive Medicaid coverage. Ask the applicant if he or anyone in the household needs help paying for an unpaid medical bill during the retroactive period. Accept and document the applicant’s statement of medical need. Retroactive Medicaid is determined using: Actual income received in each month; Adjusted gross income for self-employment based on the appropriate type (monthly, seasonal or annual) of selfemployment. (see Section 5164-1(C) for definitions and Section 5164-2 for budgeting methods); and Actual resources that were available in each month. Example: An individual applies for Medicaid coverage in June. The caseworker determines that the individual was eligible for retroactive Medicaid coverage in March and April, but not in May. Any services covered by Medicaid that the individual received in March and April that have not been paid for can be covered by Medicaid. Deceased Applicants -- Application for retroactive Medicaid coverage may be made on behalf of a deceased person. Payment will be made for covered services rendered to the deceased person during each month the person was eligible for Medicaid during the three month period, however, Medicaid does not pay transportation expenses for recipients who are deceased. Medicaid Coverage During Retroactive Period -- Individuals eligible for retroactive Medicaid are eligible for the same amount and scope of Medicaid services as was available to other Medicaid recipients during that time period. Coverage of services that normally require prior authorization are not automatically denied due to lack of approval prior to receipt of services during the retroactive eligibility period. Inform the recipient to give a copy of the retroactive Medicaid approval notice to the health care provider to assure that any retroactive claim is processed appropriately. The provider can then attach a copy to the claim before submitting it for payment. Only Unpaid Medical Bills --Medicaid will only pay enrolled providers for unpaid medical claims for covered Medicaid services during the three-month retroactive period. Medicaid will not reimburse a recipient for medical services received during the retroactive period that have already been paid. Pregnant Woman Medicaid -- Eligibility may be granted retroactively. The retro-month determines the first month of eligibility and continues forward throughout the pregnancy. See Section 5310B. Postpartum Medicaid -- Eligibility may not be granted retroactively. The woman must be receiving Medicaid on the date that her pregnancy terminates in order to receive postpartum coverage. State Residency Required -- If an applicant has recently moved to Alaska, and did not reside in the state during the three-month retroactive period, the responsibility for medical coverage rests with the previous state of residence. Application may be made in Alaska for any month (during the three-month period) in which the individual did reside in the state, as long as that person was not receiving benefits from another state during the same time period. Transitional Medicaid -- For the purposes of determining Transitional Medicaid eligibility, retroactive Medicaid can be used to determine whether a current Medicaid recipient in another eligibility category or a new applicant would have been eligible for Family Medicaid in three of the last six months. For more details see Section 5220. 5011 U.S. Citizenship And Eligible Alien Status 5011 U.S. Citizenship And Eligible Alien Status 5011 U.S. CITIZENSHIP AND ELIGIBLE ALIEN STATUS To be eligible for Medicaid, including Denali KidCare, an individual must be a U.S. citizen or a qualified alien. U.S. citizens must provide verification of their U.S. citizenship and identity to be eligible for Medicaid benefits. Qualified aliens must provide verification of their satisfactory immigration status when they apply for Medicaid benefits. Note: Verification of satisfactory immigration status is not required for an alien applying for treatment of an emergency medical condition. See Section 5600. Verification of U.S. citizenship and identity is not required for: A current Supplemental Security Income (SSI) recipient; Note: A screen-print of the State Data Exchange (SDX) interface may be used to verify and document a former SSI recipient’s citizenship. An SSI recipient’s citizenship status can be found in the Alien Indicator Code at position 578 on the SDX. A current Medicare recipient; An individual receiving Social Security Disability Insurance (SSDI) benefits; Children in state foster care or Title IV-E adoption assistance; A newborn child, including a baby whose mother is a nonqualified alien and is determined eligible under “Emergency Treatment for Aliens” for the labor and delivery of the child. Documentation of U.S. citizenship would be required when the child turns age one. receiving newborn coverage through the end of his or her first birthday. Verification of U.S. citizenship or immigration status is needed only for the individuals who will receive benefits, not for individuals applying for or renewing Medicaid or Denali KidCare on behalf of someone else. Note: If an individual who is a mandatory household member is found ineligible for Medicaid for failure to provide verification of their own citizenship and identity, or immigration status, that individual’s needs, income, and resources continue to be included in the financial eligibility determination for the household. 5011-2 Documenting United States Citizenship 5011-2 DOCUMENTING UNITED STATES CITIZENSHIP 5011-2 A. ACCEPTABLE DOCUMENTATION Verification of citizenship and identity must be obtained from original documents or certified copies from the issuing agency, unless verification is obtained through the Bureau of Vital Statistics (BVS) or Permanent Fund Dividend (PFD) interface as described below. An agency staff member or out-stationed staff will make a photocopy of the documents for the case file and stamp or note on the copy that an original or a certified copy was seen. A DPA-contracted fee agent may also verify and note on the photocopy that an original or certified copy was seen. Uncertified copies, including notarized copies are not acceptable. Although some documents contain a statement, “DO NOT COPY”, DPA staff may copy and file these documents in the case file for the official purpose of establishing Medicaid eligibility. Once a person’s citizenship is documented and recorded, it is not necessary to get proof again unless that person’s citizenship becomes questionable. Data Matches and Interfaces: For citizenship, verification may be obtained from a data match or online access with the Bureau of Vital Statistics (BVS), or from information on the PFD interface. When birth information is verified through an automated data match with BVS, the EIS HERC screen will be coded with "BV" and will override any prior code. The PFD interface may be used for individuals who applied for a PFD for the first time in 1989 or after and claim U.S. citizenship. The PFD Division requires that an original or certified copy of a birth certificate, certificate of naturalization or other acceptable document be submitted. When a birth certificate is received, the state of birth is recorded in the PFD data with a two letter state identifier. The PFD interface can be accepted as verification of citizenship when all of the following information appears on the screen: US Citizenship (CITIZEN FLAG) is Y Place of birth (BIRTH STATE) is two digit state code Year of first application (FIRST APP YEAR) is 1989 or later When the birth state field shows “//”, other verification of citizenship is required as this code means the individual was born in another country, for example when someone is a naturalized citizen. If information obtained from the client, is not consistent with information from the PFD interface, additional documentation must be obtained from the client to verify citizenship. When birth information is verified through the online BVS access look up, or the PFD interface, enter code “IN” in the verification field on the EIS HERC screen. A screen print of the information must be placed in case file. For BVS, the screen print must be marked “For DPA Use Only”. These screen prints should not be copied. If verification is not available through the BVS or PFD interface, and there is no record that an original or certified copy was seen, this documentation must be requested from the applicant or recipient. For Applications: Verification must be obtained prior to authorizing benefits for an application. If verification is not available through BVS or the PFD interface, it must be requested. For Reviews: The individual must be making a good faith effort to obtain verification of U.S. citizenship and identity before benefits are authorized. Levels of Acceptable Documents: The list below provides allowable documentation for verifying U.S. citizenship and identity. There are four levels of verification listed in order of preference. If a higher level document is not available, a lower level may be used. Level One: Acceptable for Both Proof of Citizenship and Identity State Data Exchange (SDX) interface for a former SSI recipient; A U.S. Passport; A Certificate of Naturalization (Forms N-550 or N-570); or A Certificate of U.S. Citizenship (Forms N-560 or N-561). Level Two: Acceptable for Proof of Citizenship: (Must have an additional form of identity verification.) Verification of birth through a Bureau of Vital Statistics (BVS) online access or an electronic BVS data match; A U.S. birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam (on or after April 10, 1899), the Virgin Islands of the U.S. (on or after January 17, 1917), American Samoa, Swain’s Island, or the Northern Mariana Islands (after November 4, 1986) recorded before 5 years of age; A Certification of Report of Birth (Forms FS-545 or DS-1350); A Report of Birth Abroad of a U.S. Citizen (Form FS-240); A U.S. Citizen I.D. Card (Forms I-179 or I-197); An American Indian Card (I-872) issued by the Department of Homeland Security with the classification code “KIC”; A Northern Mariana Identification Card (Form I-873); A final adoption decree showing the child’s name and U.S. place of birth; Evidence of U.S. Civil Service employment before June 1, 1976; U.S. Military Record showing a U.S. place of birth, such as a DD-214, or similar official document that shows a U.S. place of birth; or Evidence of meeting the automatic criteria for U.S. citizenship under the Child Citizenship Act of 2000. See subsection 5011-2 B. Level Three: (Must have an additional form of identity verification.) Level three documents are allowed when both primary and secondary verification is not available and include: For individuals who are age 16 or older, an extract of a hospital birth record on hospital letterhead established at the time of the person’s birth that was created five years before the initial application date and that indicates a U.S. place of birth. This may also include medical records of post-natal care. For children under age 16, the document must have been created near the time of birth or five years before the date of application; Note: A souvenir birth certificate issued by a hospital is not acceptable verification Life, health, or other insurance record showing a U.S. place of birth that was created at least five years before the initial application date and that indicates a U.S. place of birth. For children under age 16, the document must have been created near the time of birth or five years before the date of application; Religious record recorded in the U.S. within three months of birth showing the birth occurred in the U.S. and showing either the date of the birth or the individual's age at the time the record was made. The record must be an official record, such as a baptismal certificate that is recorded with the religious organization. This does not include entries in a family bible; or Early school record showing a U.S. place of birth. The school record must show the name of the child, the date of admission to the school, the date of birth, a U.S. place of birth, and the names(s) and place(s) of birth of the applicant's parents. Level Four: (Must have an additional form of identity verification.) Level four documents are allowed when first, second and third level verification is not available and include: One of the following documents that shows a U.S. place of birth and was created at least five years before the application for Medicaid For children under 16, the document must have been created near the time or birth or 5 years before the date of application: Seneca Indian tribal census record; Bureau of Indian Affairs tribal census records of the Navajo Indians; U.S. State Vital Statistics official notification of birth registration; A delayed U.S. public birth record that is recorded more than five years after the person’s birth; Statement signed by the physician or midwife who was in attendance at the time of birth; Medical (clinic, doctor, or hospital) record created at least five years before the initial application date that indicates a U.S. place of birth. Federal or State census record showing U.S. citizenship or a U.S. place of birth; The Roll of Alaska Natives maintained by the Bureau of Indian Affairs. The Roll only contains information of individuals who were born prior to December 18, 1971. Using a release of information, staff may contact the Bureau of Indian Affairs to request information and documentation on the individual from the Roll; Institutional admission papers from a nursing facility, skilled care facility or other institution created at least 5 years before the initial application date that indicates a U.S. place of birth; or As a Last Resort: A written declaration made by at least two individuals of whom one is not related to the applicant/recipient and who have personal knowledge of the event(s) establishing the applicant’s or recipient’s claim of citizenship. If known, the declaration should also explain why documentary evidence establishing the applicant’s claim of citizenship does not exist or cannot be readily obtained. The person(s) making the declaration must be able to provide proof of his/her own citizenship and identity for the declaration to be accepted. A separate declaration is needed from the applicant or recipient, or other knowledgeable individual (guardian or representative) explaining why the evidence does not exist or cannot be obtained. The declarations must be signed under penalty of perjury. Acceptable Proof of Identity: (Must have an additional verification of citizenship.) A driver’s license issued by a state or territory with a photograph of the individual or other identifying information such as name, age, sex, race, height, weight, or eye color. A voter's registration card or Canadian driver's licenses are not acceptable verification; Identification card issued by the federal, state, or local government with the same information included on driver’s licenses listed above; Certificate of Degree of Indian Blood, or other U.S. American Indian/Alaska Native Tribal document with a photograph or other personal identifying information relating to the individual; School identification card with a photograph of the individual; U.S. military card or draft record; Military dependent’s identification card; U.S. Coast Guard Merchant Mariner card; or When no Other Identity Document is Available: Three or more documents that together reasonably confirm the identity of an individual, such as employer identification cards, high school and college diplomas from accredited institutions (including general education and high school equivalency diplomas), marriage certificates, divorce decrees and property deeds/titles. The documents must list the individual's name, plus any additional information establishing the individual's identity and must have consistent identifying information. This form of identity may not be used when U.S. citizenship is documented under level four. Identity for Children Under age 16: Clinic, doctor or hospital record; School records, which may include nursery or daycare record and report cards. Verification of these records must be made with the issuing school; or A Medicaid application, or a declaration that states the date and place of the child’s birth that is signed by a parent, guardian, or caretaker relative under penalty of perjury. The Medicaid application or an identity declaration may be used for children under age 18 in limited circumstances, such as when school ID cards and drivers' licenses are not available to the individual in their locality. Identity for Disabled Individuals in Institutional Care: A declaration signed under penalty of perjury by a residential care facility director or administrator on behalf of the individual in the facility when the individual does not have or cannot get any of the documentation listed above. Note: A declaration for identity may not be accepted if a declaration for citizenship was provided. 5011-2 B. CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES Effective February 27, 2001, the Child Citizenship Act of 2000 allows a child born outside of the United States to acquire citizenship of the United States automatically when all of the following conditions have been fulfilled: 1. At least one parent of the child is a citizen of the United States, whether by birth or naturalization; 2. The child is under the age of eighteen years; and 3. The child is residing in the United States in the legal and physical custody of the United States citizen parent; pursuant to a lawful admission for permanent residence. Note: Because proof of citizenship is not automatically issued to eligible children, parents must provide proof of the child’s relationship (such as a birth certificate) to their U.S. citizen parent and proof that the child is lawfully admitted into the U.S. Parents of a foreign born child who meet the conditions of the new law should be encouraged to apply for a certificate of citizenship for their child with the USCIS and/or for a passport for their child with the Department of State. 5011-2 C. FOREIGN BORN CHILDREN ADOPTED BY U.S. CITIZENS Under the Child Citizenship Act of 2000, a foreign born child under age 18 who has been legally adopted by at least one U.S. citizen parent automatically becomes a U.S. citizen when the legal adoption is finalized. Most of the time, a parent will be able to verify the U.S. citizenship of their child by producing a U.S. birth certificate. Once a U.S. citizen, the five-year bar no longer applies. However, until the legal adoption is finalized, a foreign born child who arrives after 8/22/96 is subject to the 5 year bar. Effective January 1, 2004, a new entrant (IR-3) program was implemented, which focuses on newly entering orphans with full and final adoptions abroad. Under this new program, these children will automatically receive a Certificate of Citizenship within 45 days of entry into the U.S. 5104-7 INDIVIDUALS INCLUDED IN THE HOUSEHOLD AND WHOSE INCOME AND RESOURCES DO COUNT, BUT WHO ARE NOT ELIGIBLE FOR COVERAGE Parents living in the same home as a dependent child may have their needs included in the household, even though they are disqualified for Medicaid coverage for themselves. These parents are kept in the household so that the child is not penalized for the disqualifying actions of the parent. The disqualified parent’s resources and income do count in determining financial eligibility. These individuals include: 1. The parent of a dependent child, when the parent is disqualified from Medicaid eligibility for failure to cooperate with CSSD; 2. The parent fails to provide or verify information under Section 5000-4; 3. The parent of a dependent child, when the parent is ineligible because of income deemed from a spouse who is only a stepparent to the dependent child. 4. The parent of a dependent child, when the parent is disqualified from Medicaid eligibility because the parent is a qualified alien subject to the 5-year bar or is a non-qualified alien. This also includes any siblings that are non-qualified aliens. See Section 5011-5. 5. A mandatory household member found ineligible for Medicaid for failure to provide verification of their own citizenship and identity or immigration status. See Section 5011. 5125 Deprivation 5125 DEPRIVATION To be eligible for Family Medicaid, a dependent child must be deprived of the parental support and care of one or both of the child's parents. Deprivation occurs when a parent does not continue to live in the home of the child, except for a temporary absence allowed at Section 5120-5, or because of under-employment of the parents. Deprivation is based upon the condition of the parents, not the condition of the child or of another relative. Deprivation must always be verified and documented. There are three causes of deprivation recognized in Alaska: Deprivation by Death (See Section 5125-1) Deprivation by Under-Employment (See Section 5125-2) Deprivation by Continued Absence (See Section 5125-3) Historical Note: Historically, when one or both natural or adoptive parents were incapacitated by a physical or mental defect, illness, or disability, the child was considered deprived of parental support and care. While this form of deprivation is recognized under federal law, it no longer has a practical application in Alaska. Effective July 1, 1997, Alaska Medicaid policy on deprivation by unemployment was expanded, such that all two parent households who would have had to rely on deprivation by parental incapacity to qualify for Family Medicaid will meet the requirements for deprivation by unemployment. 5125-1 DEPRIVATION BY DEATH When one or both natural or adoptive parents of a child are deceased, the child is deprived of parental support and care. 5125-2 5125-2 Deprivation By Unemployment DEPRIVATION BY UNDER-EMPLOYMENT 5125-2 A. DEFINITION OF UNDER-EMPLOYMENT A child living in a two-parent home is deprived of parental support and care because of under-employment when the household income does not exceed the Family Medicaid need standard for the household size. 5125-2 B. PREGNANT WOMEN IN THIRD TRIMESTER A pregnant woman with no other Family Medicaid eligible children who is in her last 90 days of pregnancy may qualify for Family Medicaid based upon deprivation by under-employment if the ALL of following criteria are met: 1. The father of the unborn child is living in the home. Note: If she is legally married, the pregnant woman’s spouse is presumed under state law to be the father of the child, unless a court determines otherwise. 2. If not married to the pregnant woman, the father of the unborn child must acknowledge paternity by signing a Bureau of Vital Statistics Affidavit of Paternity (BVS Form 16). 3. All other Family Medicaid financial and non-financial eligibility criteria are met. During the third trimester, only the pregnant woman may receive Medicaid coverage. While the needs of the unborn child and the child’s father are included in the eligibility determination, neither is eligible for Medicaid coverage until the baby is born. Once the child is born, the child and the father may be added to the Family Medicaid case. Until the father is actually a Medicaid recipient, the father is not required to pursue development of income. 5125-3 Deprivation By Continued Absence 5125-3 DEPRIVATION BY CONTINUED ABSENCE 5125-3 A. DEFINITIONS In deciding whether deprivation by continued absence exists, the caseworker will use the following definitions: Maintenance means providing regular, predictable, and frequent contributions of cash, which are for a child’s basic needs and are significant in value. Sporadic gifts once a month or less frequently is not the same as maintenance. Physical care includes activities such as providing clean clothing, washing, dressing, preparing meals, feeding, putting to bed, or assisting with other personal care needs. Substantial amounts of physical care must be provided on a regular, frequent, and predictable basis in order for the caseworker to find that a parent is providing physical care for a child. Guidance includes activities such as accompanying the child to the doctor, providing transportation, attending school activities and conferences, assisting with school work or extra curricular activities, monitoring activities or play, providing discipline, and participating in decisions concerning the child's well-being. Substantial guidance must be provided on a regular, frequent, and predictable basis in order for the caseworker to find that a parent is providing guidance to a child. 5125-3 B. CIRCUMSTANCES IN WHICH A CONTINUED ABSENCE CONSTITUTES DEPRIVATION. A child is deprived of parental support and care when a parent does not continue to live in the home of the child, except for a temporary absence. See Section 5120-5 B. The child is deprived of parental support and care, even if a divorced, separated, unmarried, hospitalized, or institutionalized parent, with whom the child does not live, has some contact with the child. 5125-3 C. DURATION OF CONTINUED ABSENCE There are no minimum time limit requirements on how long a continued absence must have lasted or be expected to last. It is never acceptable to hold an application in order to verify that deprivation exists. For recent absence cases, the caseworker must answer the following two questions before reaching an eligibility decision about deprivation: 1. Is one of the parents absent from the home now? 2. Is that absence such that the conditions of section 5125-3 B above are met, and it appears reasonable to predict that the conditions of 5125-3 B above will be met? If the answer to either or both of these questions is "no", then deprivation does not exist. If the answer to both of the questions is "yes", then deprivation exists. 5125-3 D. DETERMINING DEPRIVATION WHEN THE ABSENT PARENT HAS CONTACT WITH THE CHILD Occasionally a divorced, separated, or unwed parent may have contact with the child, visiting the child in the child’s home, having the child visit in his or her home, picking the child up from school or home and taking the child to activities, etc. If such visits occur they do not automatically lead to the finding, that deprivation does not exist. All of the available circumstances of the visits must be gathered and examined to see if the criteria of Section 5125-3 B are met. Whatever the cause of the alleged absence of the parent from the home of the child, cases in which there is frequent contact of the child with the absent parent will be treated as follows: 1. Obtaining Absent Parent Residence Information The caseworker must determine if the allegedly absent parent is in fact absent, which means not living in the child's home. Absence exists if the parent maintains a residence elsewhere that is not temporary, and actually uses that residence as his or her primary home, as shown by keeping regularly-used personal possessions and clothing there, regularly receiving telephone calls and mail there, reporting that residence to others as his or her address, etc. The caseworker must evaluate items of proof which tend to show where the absent parent lives. Each item of proof must be evaluated along with the other items so that the caseworker can decide whether the home of the child and the absent parent are the same. The caseworker must allow for the fact that domestic relations may appear cordial and open with respect to the child and visitation. However, circumstances may exist otherwise that make it impossible for the applying caretaker relative to present or obtain proof concerning the absent parent's actual residence. Benefits will not be denied because the caretaker relative cannot provide this proof. The caseworker must, where necessary, obtain residence information from the absent parent and/or from collateral contacts. 2. Complaints Frequent contact cases, particularly those involving a history of custody disputes or those involving some sort of Child Support Enforcement recovery, are often subject to complaints from relatives, neighbors, or one of the parents, or made anonymously. The most frequent source of such complaints involves the question of where the allegedly absent parent really resides. While all such complaints must be documented and at least examined, no finding on deprivation can be made without a full investigation. Complaints from any source, anonymous or otherwise, must be examined carefully and weighed in light of the possible motives of the complainant. Documents showing residence or mailing address must be weighed according to how recent they are and who provided the information they show. 3. Examples of Proof Following are examples of proof, which may be relevant to deciding where someone lives: Where the person keeps the majority of his/her personal belongings; The amount of time spent at one address as opposed to another; Housing records, e.g., lease, rent receipts; Unemployment Insurance Benefit records; Child support records; Correctional, police, or probation records; Tax records; Employer or union records; School registration; Mailing address for government benefits which require mailing to the current address; Address used for credit; Address given to utilities or creditors as a current address; Vehicle registration, driver's license, or post office address that has changed since the absence started; Information about the frequency, type, and length of the absences; Collateral contacts with landlords, neighbors, or other reliable persons. 5125-3 E. EXAMPLES OF PARENTAL ABSENCE 1. Planned Absence Short, planned absences for such activities as vacations, visiting relatives, National Guard summer camp, or seeking/securing employment may temporarily disrupt the household unit and reduce the amount of support, care, or guidance the absent parent is able to provide. However, planned absences do not result in a finding of deprivation unless the test set out in Section 5125-3B is met. Deprivation cannot be denied simply because the separation began as a planned absence. The current situation must be examined to determine if deprivation now exists. 2. Divorce Divorce is a judicial termination of a marriage by written decree of a court. Deprivation may exist if a child's natural or adoptive parents are divorced and one or both parents are out of the child's home. Verification: Verify with a copy of the divorce decree and by collateral contacts on the actual living situation. When a divorce has been granted that also involves a child custody order, it is possible that the actual location of the child and the parent who is actually the caretaker may be very different from what is specified in the custody order. The specified terms may bear no relationship at all to who actually has custody of the child or when visitation occurs. Thus, an order providing for joint or shared custody does not by itself demonstrate that deprivation does not exist. The caseworker must examine the actual situation to determine if the criteria in Section 5125-3 B are met. 3. Legal Separation Legal separation occurs when a court issues a written decree establishing the right of married parties to live apart without actually terminating their marital bonds. Deprivation exists if the couple is not living together. Verification: Verify with a copy of the separation order and by collateral contacts on the actual living situation. 4. Separation Without a Court Decree Deprivation may exist when the natural or adoptive parents are not living together and desertion has not occurred. Verification: Verify with collateral contacts on the actual living situation. 5. Desertion Desertion occurs when either or both parents willfully abandon the home, leaving it without the necessities of life and with no indication of any plan to return. Verification: Verify with collateral contacts. 6. Unwed Parents Birth out of wedlock may be considered as a condition depriving the child of parental support and care if one or both of the unwed parents are absent from in the home of the child and the other aspects of deprivation exist. Unrelated male living in home. In the circumstance where an applicant household consists of a parent, child, and an unrelated male, there is a possibility that the unrelated male is the father of the child. Deprivation by reason of continued absence will not exist if: The unrelated male is determined to be the father of the child by a court decision; or A birth certificate is issued listing the unrelated male as the child's father. Normally, the Alaska Birth Certificate of a child born out of wedlock will not list any father, unless the father has signed a Vital Statistics Affidavit of Paternity; or The unrelated male acknowledges paternity using the DPA GEN #7. If a caseworker believes that an unrelated male in the household may be the father, he must complete the Division of Public Assistance Statement of Relationship form (GEN #7). If none of the three conditions above exists, and the person indicates on this form that he is not the father, deprivation exists. 7. Hospitalization Deprivation may exist if the absent parent is hospitalized or institutionalized for prolonged treatment of physical or mental illness. In order for deprivation to exist, the severity and duration of the illness must be such that the role of the sick parent in providing support and care for the child is interrupted or terminated. Verification: Verify by obtaining a statement from a medical provider that confirms institutionalization and gives an assessment of the duration and severity of the illness. 8. Deportation Deprivation of parental support or care due to continued absence of the parent exists when a parent has been deported from the United States. There are no requirements concerning how long the parent must be gone. Verification: Verify by obtaining by court documents or Immigration and Naturalization Service documents ordering deportation. 9. Imprisonment/Work Release Deprivation of parental support or care due to continued absence of the parent will be found to exist when a parent has been sentenced to a correctional institution or is being held in a correctional institution to await legal proceedings. Work Release. Deprivation may be found to exist in the instance when the parent is on a work-release program and living at home, providing the following conditions are met: A parent has been convicted of an offense and is under sentence of a court, and The sentence requires, and the parent is performing, unpaid public or community services during working hours. Verification: Verify by obtaining a statement from an official of the custodial institution. 10. Single Parent Adoption Deprivation exists if there is evidence of a court-approved single parent adoption. Verification: Verify by viewing the court order of adoption. Document that this court order was seen; do not place a copy in the case file. 11. Military Service If the absent parent is in the military or other uniformed service (including Coast Guard or Public Health Service), deprivation may exist if the absence is not solely due to military service. If the military parent is away from home on an assigned duty or tour elsewhere, this is a planned absence and not deprivation. Deprivation exists only if the parent is absent from the home and the extent of his involvement in providing support and care immediately before and during the assignment constitutes deprivation. Verification: Verify absence and deprivation with military authorities and other collateral contacts.
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