What should I do if … ?
… if I cannot get any of the Tier 1-4 documents in a reasonable time?
The regulations permit exceptions from “reasonable opportunity period” time limits when an applicant or recipient in good faith tries to present documentation but is unable to do so because the documents are not available. In such cases, the state should assist the individual in securing evidence of citizenship. The individual should ask the state to do a data exchange with another agency (such as the Social Security Administration or state vital statistics office) that may be able to prove citizenship of the applicant or recipient from another source. People who are already on Medicaid should continue to receive Medicaid while they are working to get their documentation.
… if I need to obtain documents to prove citizenship?
NOTE: Before requesting any of the following documents, check with your state Medicaid agency and ask if the state will pay the costs required to obtain documentation.
http://www.cdc.gov/nchs/howto/w2w/w2welcom.htm provides links to each state’s vital statistics Web site, where detailed information is available on obtaining a birth certificate.
http://www.cdc.gov/nchs/data/misc/03-01-06.w2w.pdf provides state-by-state information on the costs of vital records copies, as well as information on where to write or call for more information in each state.
http://travel.state.gov/passport/passport_1738.html provides information on applying for a passport.
http://travel.state.gov/family/family_issues/birth/birth_593.html provides information on obtaining a copy of a Certification of Birth Abroad.
http://uscis.gov/graphics/howdoi/replace_cert.htm provides information on obtaining a replacement copy of a Certificate of Citizenship or Naturalization.
http://infopass.uscis.gov/ allows an individual to set up an appointment with an immigration officer, who can assist in obtaining proper immigration documentation.
http://www.census.gov/prod/2000pubs/cff-2.pdf provides a nationwide list of locations where Census records, which can be used to prove place of birth and citizenship, can be found.
http://www.census.gov/genealogy/www/bc-600.pdf location of Form BC-600 application.
… if I need to apply for a birth certificate in the U.S.?
- Go to http://www.cdc.gov/nchs/howto/w2w/w2welcom.htm and click on the person’s state of birth to find out how to apply in that particular state.
- Some states require proof of identity, such as a driver’s license, when applying for a birth certificate. If the person seeking the certificate doesn’t have such ID, ask an immediate family member who does to request the document.
- If the person was born before the state kept birth records on file (most states have records since at least 1915, and many have them from even earlier), check with the state and county archives for earlier records.
- If no record of birth can be found for the person, have the individual apply for a U.S. passport or any of the other Tier 1 or tier 2 documents. The requirements for a passport are slightly less stringent than those now required under the Deficit Reduction Act to prove citizenship for Medicaid (see the section below on proving citizenship to apply for a U.S. passport for more information). Note that this option is much more expensive ($97 for an adult’s passport application fee, versus $10-$20 to search for a birth certificate record).
… if I need to obtain an Extract of Hospital Record on hospital letterhead?
Most hospitals have records departments. How far back those records go varies from hospital to hospital. An individual should call the hospital’s main line and ask for the records department.
…if I want more information about the law or the CMS guidance?
The text of the July 2007 final rule issued by CMS is available online at http://www.cms.hhs.gov/MedicaidGenInfo/Downloads/CMS2257F.pdf.
For an additional summary of the DRA citizenship documentation requirements, see Families USA's summary, Citizenship Update: Administration Creates Additional Barriers to Medicaid Enrollment.
For the text of the Deficit Reduction Act pertaining to citizenship documentation for Medicaid, see Section 6036 of S. 1932 online at http://thomas.loc.gov/.
The text of the July 6 interim final regulations issued by CMS for the citizenship documentation requirement can be found online at http://www.cms.hhs.gov/MedicaidEligibility/05_ProofofCitizenship.asp.
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