Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
Exchange shall verify or obtain information as provided in this section to determine
whether an applicant meets the eligibility requirements specified in Section
6472 relating to the eligibility
requirements for enrollment in a QHP through the Exchange.
(b) Verification of SSN.
(1) For any individual who provides their SSN to
the Exchange, the Exchange shall transmit the SSN and other identifying information
to HHS, which will submit it to the SSA.
(2) If the Exchange is unable to verify an
individual's SSN through the SSA, or the SSA indicates that the individual is
deceased, the Exchange shall follow the procedures specified in Section
6492, except that the Exchange shall
provide the individual with a period of 95 days from the date of the notice
described in Section
6492(a)(2)(A) for the
applicant to provide satisfactory documentary evidence or resolve the inconsistency
with the SSA. If the Exchange determines on a case-by-case basis that the individual
has demonstrated that they did not receive the notice within five days from the date
of the notice, the individual shall have 90 days from the date on which they
received the notice to provide satisfactory documentary evidence to the Exchange or
resolve the inconsistency with the SSA.
(c) Verification of citizenship, status as a
national, or lawful presence.
(1) For an applicant
who attests to citizenship and has a SSN, the Exchange shall transmit the
applicant's SSN and other identifying information to HHS, which will submit it to
the SSA.
(2) For an applicant who has
documentation that can be verified through the DHS and who attests to lawful
presence, or who attests to citizenship and for whom the Exchange cannot
substantiate a claim of citizenship through the SSA, the Exchange shall transmit
information from the applicant's documentation and other identifying information to
HHS, which will submit necessary information to the DHS for verification.
(3) For an applicant who attests to citizenship,
status as a national, or lawful presence, and for whom the Exchange cannot verify
such attestation through the SSA or the DHS, the Exchange shall follow the
inconsistencies procedures specified in Section
6492, except that the Exchange shall
provide the applicant with a period of 95 days from the date of the notice described
in Section 6492(a)(2)(A) for the
applicant to provide satisfactory documentary evidence or resolve the inconsistency
with the SSA or the DHS, as applicable. If the Exchange determines on a case-by-case
basis that the individual has demonstrated that they did not receive the notice
within five days from the date of the notice, the individual shall have 90 days from
the date on which they received the notice to provide satisfactory documentary
evidence to the Exchange or resolve the inconsistency with the SSA or the DHS, as
applicable.
(d) Verification
of residency.
(1) Except as provided in
subdivisions (d)(2) and (3) of this section, the Exchange shall accept an
applicant's attestation that the applicant meets the residency standards of Section
6472(e) without
further verification.
(2) If information
provided by an applicant regarding residency is not reasonably compatible with other
information provided by the individual or in the records of the Exchange, the
Exchange shall examine information in HHS-approved data sources that are available
to the Exchange.
(3) If the information
in data sources specified in subdivision (d)(2) of this section is not reasonably
compatible with the information provided by the applicant, the Exchange shall follow
the procedures specified in Section
6492. Evidence of immigration status
may not be used to determine that an applicant is not a resident of the Exchange
service area.
(e) Verification
of incarceration status.
(1) The Exchange shall
verify an applicant's attestation that the applicant meets the requirements of
6472(d) by:
(A) Relying on any HHS-approved
electronic data sources that are available to the Exchange; or
(B) Except as provided in subdivision (e)(2) of
this section, if a HHS-approved data source is unavailable, accepting the
applicant's attestation without further verification.
(2) If an applicant's attestation is not
reasonably compatible with information from HHS-approved data sources described in
subdivision (e)(1)(A) of this section or other information provided by the applicant
or in the records of the Exchange, the Exchange shall follow the inconsistencies
procedures specified in Section
6492.
(f) Verification related to eligibility for
enrollment through the Exchange in a QHP that is a catastrophic plan.
(1) The Exchange shall verify an applicant's
attestation that the applicant meets the requirements of 6472(f) by:
(A) Verifying the applicant's attestation of age
as follows:
1. Except as provided in subdivision
(f)(1)(A)2 of this section, the Exchange shall accept the applicant's attestation of
age without further verification.
2. If
information regarding age is not reasonably compatible with other information
provided by the individual or in the records of the Exchange, the Exchange shall
examine information in HHS-approved data sources that are available to the
Exchange.
(B) Verifying that
an applicant has received a certificate of exemption as described in Section
6472(f)(1)(B).
(2) If the Exchange is unable to verify the
information required to determine eligibility for enrollment through the Exchange in
a QHP that is a catastrophic plan as described in subdivision (f)(1) of this
section, the Exchange shall follow the procedures specified in Section
6492, except for Section
6492(a)(4).
Note: Authority cited: Section 100504, Government Code.
Reference: Sections 100502 and 100503, Government Code; and
45 CFR Section
155.315.
Note: Authority cited: Section
100504,
Government Code. Reference: Sections
100502 and
100503,
Government Code; and 45 CFR
Section
155.315.