10.09.24.05-1

.05-1 Documentation of Citizenship and Identity.

A. An applicant or recipient shall be required as a condition of eligibility to provide documentary evidence of identity as well as citizenship or nationality, to the Department's satisfaction, based on federal requirements, if the individual is:

(1) Declared to be a citizen or national of the United States; and

(2) Being determined for:

(a) Initial eligibility based on an application filed on or after September 1, 2006; or

(b) Continuing eligibility based on a redetermination with an end date on or after September 30, 2006.

B. The requirements of this regulation shall be met for all Medical Assistance coverage groups except for:

(1) Supplemental Security Income beneficiaries;

(2) Newborns who are deemed eligible, for a period of 1 year, for Medical Assistance based on the mother's Medical Assistance eligibility for the newborn's date of birth;

(3) Newborns deemed eligible who are born to an otherwise eligible non-qualified alien woman meeting the requirements of Regulation .05-2 of this chapter who has filed an application and has been determined eligible for Medical Assistance for the newborn's date of birth;

(4) Individuals who are entitled to Medicare benefits or enrolled in any part of Medicare;

(5) Individuals receiving SSDI disability insurance benefits under §223 of the Social Security Act, or monthly benefits under §202 of the Act, based on the individual's disability;

(6) Children who are receiving foster care or adoption assistance under Title IV-B or Title IV-E of the Social Security Act; and

(7) Other categories of individuals who are considered by the federal government to have previously presented satisfactory documentary evidence of identity as well as citizenship or nationality.

C. An applicant may not be determined eligible for Medical Assistance until the requirements of this regulation are met.

D. An applicant may be determined eligible for Medical Assistance for a period of 90 days to provide requested documents. When an applicant fails to provide documentation of citizenship within the 90 day period, the applicant shall be determined ineligible.

E. Continuing eligibility for a recipient may not be approved at redetermination until the requirements of this regulation are met.

F. If an applicant or recipient fails to meet the requirements of this regulation within the time standards specified at Regulation .04I(1) of this chapter, and the time standards are not extended in accordance with Regulation .04I(4) of this chapter, the Department shall:

(1) Deny eligibility for an applicant; or

(2) Terminate eligibility for a recipient, in accordance with the requirements for timely notice in COMAR 10.01.04.

G. The reactivation requirements in Regulation .04I(8) of this chapter shall apply to applicants and recipients deemed MAGI exempt. The documentation requirements of this regulation are subsequently met within the current period under consideration for the:

(1) Applicant's denied application; or

(2) Recipient's terminated period of continuing eligibility.

H. If there is documentation in an applicant's or recipient's written or electronic record or a state or federal data system that demonstrates that the individual meets the requirements of this regulation, the individual shall be considered to meet the requirements of this regulation, unless the:

(1) Department or its designee has cause to question the documentation previously accepted; or

(2) Federal government requires additional documentation.