Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 20 - Division of County Operations
Rule 016.20.16-005 - Policy Section G 140-141

Universal Citation: AR Admin Rules 016.20.16-005

Current through Register Vol. 49, No. 9, September, 2024

Summary of Changes

Section G-140 & 141

Alien Status

G-140 - Changed 10-day notice to 90-day notice for an alien to verify immigration status.

G-141 - A new section of policy to describe the 90 day reasonable opportunity period for an alien to verify immigration status if that status cannot be verified through FDSH, SAVES or if the individual does not have immigration documentation. The individual will receive Medicaid coverage during this reasonable opportunity period. If immigration status is not verified during the reasonable opportunity period, Medicaid coverage will end on the 90th day.

G-100 Verification Standards

If the needed verification for an individual is not provided within the reasonable opportunity period, then benefits for that individual will be terminated. Timely and adequate notice must be provided. Other eligible members for whom citizenship is verified will remain eligible.

When the recipient tries in good faith to present satisfactory documentation, but is unable to obtain the necessary documents and needs assistance (e.g. homeless, mentally impaired, or physically incapacitated), and lacks someone who can act on their behalf, the caseworker should assist the recipient with obtaining the documentation of U.S. citizenship.

G-133 Acceptable Documents for Proof of Citizenship

MS Manual 07/06/15

When citizenship cannot be verified via the electronic sources, the applicant will be notified to provide verification. If the documents provided by the applicant are in the secondary or lower level of verification used to verify citizenship, identity must be verified also. Refer to Appendix C for acceptable documents for proof of citizenship and identity.

G-134 Subsequent Citizenship Verification

MS Manual 01/01/14

Once an individual's citizenship is documented and recorded, any subsequent changes in eligibility should not require repeating the documentation of citizenship. If an individual's Medicaid case is closed and he later reapplies, the worker will not need to request additional verification as long as proper documentation has been retained in the case file or narrated properly in the electronic record. However, if one of the two exceptions below occurs, the individual's citizenship must be verified again.

1. If later evidence raises a question of a person's citizenship or identity; or,

2. If there is a gap of more than 5 years since the Medicaid case was closed and the verification had been previously destroyed.

G-140 Alien Status Verification Requirements

MS Manual 02/01/17

For the Families and Individuals group, verification will first occur through the FDSH. For other groups, alien status will be verified through SAVE (Systematic Alien Verification for Entitlement). If verification cannot be completed through these processes, refer to MS Appendix C.

In order to obtain verification from SAVE, the alien must provide documentation of alien status. In addition to providing alien documentation, all aliens must provide verification of their identity. If the documentation provided does not contain a photograph, another form of identification must be obtained.

If the alien does not have any documentation, refer him/her to the Immigration and Naturalization Service (INS) to obtain proof of status. Provide the individual with a 90-day written notice requesting the documentation and extend notice if additional time is needed. The INS National Customer Service Center phone number is 1-800-375 -5283. The customer service center will answer all questions and schedule appointments for the INS field offices. The INS field office addresses and the Arkansas counties serviced by each office are listed below:

The Fort Smith field office is located at 4977 Old Greenwood Road, Fort Smith, AR 72903. This office services the following counties in Arkansas:

Ashley

Baxter

Benton

Boone

Bradley

Calhoun

Carroll

Clark

Columbia

Crawford

Franklin

Garland

Hempstead

Hot Spring

Howard

Johnson

Lafayette

Little River

Logan

Madison

Marion

Miller

Montgomery

Nevada

Newton

Ouachita

Pike

Polk

Scott

Searcy

Sebastian

Sevier

Union

Washington

The Memphis Field Office is located at 842 Virginia Run Cove, Memphis, TN 38122. This office services the following counties in Arkansas:

Arkansas

Chicot

Clay

Cleburne

Cleveland

Conway

Craighead

Crittenden

Cross

Dallas

Desha

Drew

Faulkner

Fulton

Grant

Greene

Independence

Izard

Jackson

Jefferson

Lawrence

Lee

Lincoln

Lonoke

Mississippi

Monroe

Perry

Phillips

Poinsett

Pope

Prairie

Pulaski

Randolph

Saint Francis

Saline

Sharp

Stone

Van Buren

White

Woodruff

Yell

If all other eligibility requirements are met, the Medicaid begin date will be the first day of the month of application.

If the individual does not provide necessary documentation of alien status for the person requesting Medicaid coverage, the individual will be eligible for emergency services only following the 90-day reasonable opportunity period.

T Note: INS does not require children under age 14 to have documentation of their alien status. Therefore, if the adult who is applying for benefits has a documented legal alien status and attests to the child's legal status, the adult's statement is sufficient proof of the child's alien status.

INS requires children aged 14 through 17 to have documentation, but they are not required to carry it on their persons. The Immigration and Nationality Act (INA) requires all aliens 18 or older to carry INS documentation on their persons at all times.

G-141 Reasonable Opportunity for Verifying Alien Status

MS Manual 02/01/17

When alien status cannot be verified through an electronic source, Systematic Alien Verification for Entitlement (SAVE) or initial documentation provided by the individual, the agency will provide the applicant a "90-day reasonable opportunity period" to provide the necessary documents to verify alien status. (Refer to Appendix C).

A notice will be sent to the applicant advising that verification of alien status must be provided within 90 days. The due date must be included on the notice. The reasonable opportunity begins on the date the notice is received by the individual. The date the notice is received is considered to be five (5) days from the date on the notice (day one is the date of the notice).

The Medicaid begin date will be the first day of the month of application if all other eligibility requirements are met.

T Note: If the individual clearly shows that the notice was not received on the 5th day, the 90 days will start from the date the notice was actually received.

If the needed verification for an individual is not provided within the reasonable opportunity period, then benefits for that individual will be terminated. Timely and adequate notice must be provided. Other eligible members for whom alien status is verified will remain eligible.

When the recipient tries in good faith to present satisfactory documentation, but is unable to obtain the necessary documents and needs assistance (e.g. homeless, mentally impaired, or physically incapacitated), and lacks someone who can act on their behalf, the caseworker should assist the recipient with obtaining the documentation of alien status.

G-150 Income Verification

MS Manual 11/18/15

Income verification for MAGI groups will occur in the following manner:

If a MAGI household attests to income over the MAGI income limit the system will accept the self-attestation and find the household ineligible due to income. The household will receive the appropriate notice and be referred to the Federally Facilitated Health Insurance Marketplace (FFM).

If the MAGI household has income (attested or previously verified) under the MAGI limit, the system will determine if a member of the MAGI household is on an open SNAP or TEA benefit case. If one MAGI household member is found on an open SNAP or TEA Cash case, the MAGI household income is considered verified.

If a member in the MAGI household is not found on an open SNAP or TEA Cash case, the system will continue the reasonable compatibility process and check available electronic data sources.

If the household attests to income under the MAGI limit (to include zero income) and the electronic data sources return no record of income or income less than the MAGI limit, the system will consider the MAGI household to meet reasonable compatibility and no further income verification is needed.

If the electronic data sources return an amount over the MAGI limit, the system will trigger a pending verification notice to the household for income verification.

For all other eligibility groups, sources for verification of income are ARFinds, verified information from the SNAP record and documentation provided by the individual. If the income reported by the applicant exceeds the income limit, it is not necessary to check the verification sources. The applicant's statement of income may be accepted without further verification.

Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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