Citizenship and Alien Status Requirements for the Medicaid Program

Date:  October 26, 2004 

 

10 

Trans. No.  04 OMM/ADM-7 

 

Page No. 

 

•

 

Doctor’s record of post-natal care* 

•

 

A notarized affidavit from a blood relative familiar with 

the circumstances of the birth, i.e. a parent, aunt, 

uncle, sibling. 

•

 

A delayed birth certificate filed more than one year after 

birth   listing the documentation used to create it.  It 

must be signed by the attending physician or midwife or 

list an affidavit by the parent(s) or show early public 

school records. 

 

*Any of this documentation MUST be a record showing the date 

and place of birth and created within the first five years of 

life. 

(Please refer to Attachment D-2 “Secondary Documentation of 

U.S. Citizenship”.) 

 

2. NATIONALS 

 

All U.S. citizens are also called nationals of the United States, 

but some individuals who are U.S. nationals are not U.S. 

citizens.  When the U.S. acquired certain island territories, 

Congress provided for the inhabitants of these territories to be 

citizens of their own islands, and nationals of the United 

States.  Noncitizen nationals owe permanent allegiance to the U.S 

and may enter and work in the U.S. without restriction.  At 

present, noncitizen nationals include only (1) certain citizens 

of American Samoa and Swain’s Island, and (2) residents of the 

Northern Mariana Islands who did not elect to become U.S. 

citizens. 

 

3. NATIVE AMERICANS 

 

 

Native Americans born in the United States are citizens of the 

United States,

 

and will have the same types of documentation as do 

other citizens. 

 

A non-citizen member of a federally recognized tribe or a native-

American who is at least fifty percent Native American Indian 

blood and who was born in Canada may be eligible for Medicaid 

benefits. 

 

A Native American born in Canada may freely enter and reside in 

the U.S. and is considered to be lawfully admitted for permanent 

residence if she/he is of at least one-half Native American 

Indian blood.  As such, she/he is a qualified immigrant.  This 

does not include a non-citizen spouse or child of such Native 

American or a noncitizen whose membership in a Native American 

Indian tribe or family is created by adoption unless such person 

is at least fifty percent Native American Indian blood. 

 

---

Date:  October 26, 2004 

 

11 

Trans. No.  04 OMM/ADM-7 

 

Page No. 

 

 

The following items can be used to verify Native American or 

federally recognized tribal membership: 

 

Native Americans born in Canada: 

•

 

Birth or baptismal certificate issued on a reservation; 

•

 

Tribal records; 

•

 

Letter from the Canadian Department of Indian Affairs; 

or 

•

 

School records. 

Non-citizen member of federally recognized tribe: 

•

 

Membership card or other tribal document; or 

•

 

Confirmed by contact with tribal government. 

 

D.

 

ELIGIBILITY OF IMMIGRANTS FOR MEDICAID BENEFITS: QUALIFIED 

IMMIGRANTS 

 

As a result of the Aliessa v. Novello court decision, all qualified 

immigrants regardless of their date of entry into the United States, 

can be eligible for Medicaid provided they meet all other 

eligibility requirements.  The only difference is that Federal 

Financial Participation (FFP) should be claimed for some groups but 

must not be claimed for others until they have resided in the United 

States as qualified immigrants for five years. 

•

 

Qualified immigrants who entered the U.S. prior to August 22, 

1996 receive full Medicaid coverage with Federal Financial 

Participation (FFP); 

•

 

Certain qualified immigrants who entered the U.S. on or after 

August 22, 1996 receive Medicaid coverage with FFP; and 

•

 

Certain qualified immigrants who entered the U.S. on or after 

August 22, 1996, receive Medicaid coverage with State and local 

funds (FNP) until they have resided in the U.S. as qualified 

immigrants for five years. 

 

Therefore, to assure proper claiming it is imperative that local 

department of social service staff determine and enter into the 

Welfare Management System (WMS) the correct Date of Entry (DOE). 

 

Qualified immigrants include the following: (See Attachment D-1) 

•

 

Persons lawfully admitted for permanent residence; 

•

 

Persons admitted as refugees; 

•

 

Persons granted asylum; 

•

 

Persons granted status as Cuban and Haitian entrants; 

•

 

Persons admitted as Amerasian immigrants; 

•

 

Persons whose deportation has been withheld; 

•

 

Persons paroled into the United States for at least one year; 

•

 

Persons granted conditional entry;  

•

 

Persons determined to be battered or subject to extreme 

cruelty in the United States by a family member; 

•

 

Victims of trafficking; or 

•

 

Veterans or persons on active duty in the Armed Forces and 

their immediate family members. 

---