New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 200 - MEDICAID ELIGIBILITY - GENERAL RECIPIENT POLICIES
Part 410 - GENERAL RECIPIENT REQUIREMENTS
Section 8.200.410.12 - TYPES OF ACCEPTABLE DOCUMENTARY EVIDENCE OF CITIZENSHIP (42 CFR 435.407)
Universal Citation: 8 NM Admin Code 8.200.410.12
Current through Register Vol. 35, No. 18, September 24, 2024
A. Stand-alone evidence of citizenship: The following must be accepted as sufficient documentary evidence of citizenship:
(1) A U.S. passport, including a U.S.
passport card issued by the department of state, without regard to any
expiration date as long as such passport or card was issued without
limitation.
(2) A certificate of
naturalization.
(3) A certificate
of U.S. citizenship.
(4) A valid
state-issued driver's license if the state issuing the license requires proof
of U.S. citizenship, or obtains and verifies a SSN from the applicant who is a
citizen before issuing such license.
(a) A
real ID issued on or after November 14, 2016 is sufficient documentary evidence
of citizenship.
(b) A driver
authorization card (DAC) is not sufficient documentary evidence of
citizenship.
(5)
Documentary evidence issued by a federally recognized Indian tribe identified
in the federal register by the bureau of Indian affairs within the U.S.
department of the interior, and including tribes located in a state that has an
international border, which;
(a) Identifies
the federally recognized Indian tribe that issued the document;
(b) Identifies the individual by name;
and
(c) Confirms the individual's
membership, enrollment, or affiliation with the tribe.
(d) Documents described in Paragraph (5) of
Subsection A of
8.200.410.12 NMAC include, but are
not limited to:
(i) A tribal enrollment
card;
(ii) A certificate of degree
of Indian blood;
(iii) A tribal
census document;
(iv) Documents on
tribal letterhead, issued under the signature of the appropriate tribal
official, that meet the requirements of Paragraph (5) of Subsection A of
8.200.410.12
NMAC.
(6) A
data match with the SSA.
B. Evidence of citizenship: If an applicant does not provide documentary evidence from the list in Subsection A of 8.200.410.12 NMAC, the following must be accepted as satisfactory evidence to establish citizenship if also accompanied by an identity document listed in Subsection C of 8.200.410.12 NMAC:
(1) A U.S. public birth certificate showing
birth in one of the 50 States, the District of Columbia, Guam, American Samoa,
Swain's Island, Puerto Rico (if born on or after January 13, 1941), the Virgin
Islands of the U.S. or the Commonwealth of the Northern Mariana Islands (CNMI)
(if born after November 4, 1986, (CNMI local time)). The birth record document
may be issued by a state, commonwealth, territory, or local jurisdiction. If
the document shows the individual was born in Puerto Rico or the Northern
Mariana Islands before the applicable date referenced in Paragraph (1) of
Subsection B of
8.200.410.12 NMAC, the individual
may be a collectively naturalized citizen. The following will establish U.S.
citizenship for collectively naturalized individuals:
(a) Puerto Rico: Evidence of birth in Puerto
Rico and the applicant's statement that they were residing in the U.S., a U.S.
possession, or Puerto Rico on January 13, 1941;
(b) Northern Mariana Islands (NMI) (formerly
part of the Trust Territory of the Pacific Islands (TTPI));
(i) Evidence of birth in the NMI, TTPI
citizenship and residence in the NMI, the U.S., or a U.S. Territory or
possession on November 3, 1986, (NMI local time) and the applicant's statement
that they did not owe allegiance to a foreign state on November 4, 1986 (NMI
local time);
(ii) Evidence of TTPI
citizenship, continuous residence in the NMI since before November 3, 1981 (NMI
local time), voter registration before January 1, 1975, and the applicant's
statement that they did not owe allegiance to a foreign state on November 4,
1986 (NMI local time);
(iii)
Evidence of continuous domicile in the NMI since before January 1, 1974, and
the applicant's statement that they did not owe allegiance to a foreign state
on November 4, 1986 (NMI local time). Note: If a person entered the NMI as a
nonimmigrant and lived in the NMI since January 1, 1974, this does not
constitute continuous domicile and the individual is not a U.S.
citizen.
(2) A
certification of report of birth, issued to U.S. citizens who were born outside
the U.S.
(3) A report of birth
abroad of a U.S. citizen.
(4) A
certification of birth in the U.S.
(5) A U.S. citizen identification
card.
(6) A Northern Marianas
identification card issued by the U.S. department of homeland security (or
predecessor agency).
(7) A final
adoption decree showing the child's name and U.S. place of birth, or if an
adoption is not final, a statement from a state-approved adoption agency that
shows the child's name and U.S. place of birth.
(8) Evidence of U.S. civil service employment
before June 1, 1976.
(9) U.S.
military record showing a U.S. place of birth.
(10) A data match with the Systematic Alien
Verification for Entitlements (SAVE) Program or any other process established
by the department of homeland security (DHS) to verify that an individual is a
citizen.
(11) Documentation that a
child meets the requirements of section 101 of the Child Citizenship Act of
2000 as amended (8 U.S.C.
1431).
(12) Medical records, including, but not
limited to, hospital, clinic, or doctor records or admission papers from a
nursing facility, skilled care facility, or other institution that indicate a
U.S. place of birth.
(13) Life,
health, or other insurance record that indicates a U.S. place of
birth.
(14) Official religious
record recorded in the U.S. showing that the birth occurred in the
U.S.
(15) School records, including
pre-school, head start and daycare, showing the child's name and U.S. place of
birth.
(16) Federal or state census
record showing U.S. citizenship or a U.S. place of birth.
(17) If the applicant does not have one of
the documents listed in Subsection A or Paragraph (1) through (17) of
Subsection B of
8.200.410.12 NMAC, they may submit
an affidavit signed by another individual under penalty of perjury who can
reasonably attest to the applicant's citizenship, and that contains the
applicant's name, date of birth, and place of U.S. birth. The affidavit does
not have to be notarized.
C. Evidence of identity:
(1) HSD will accept the following as proof of
identity, provided such document has a photograph or other identifying
information sufficient to establish identity, including, but not limited to,
name, age, sex, race, height, weight, eye color, or address:
(a) Identity documents listed at
8 CFR
274a.2(b)(1)(v)(B)(1),
except a driver's license issued by a Canadian government authority.
(b) Driver's license issued by a state or
territory.
(c) School
identification card.
(d) U.S.
military card or draft record.
(e)
Identification card issued by the federal, state, or local
government.
(f) Military
dependent's identification card.
(g) U.S. coast guard merchant mariner
card.
(h) For children under age
19, a clinic, doctor, hospital, or school record, including preschool or day
care records.
(i) Two other
documents containing consistent information that corroborates an applicant's
identity. Such documents include, but are not limited to, employer
identification cards; high school, high school equivalency and college
diplomas; marriage certificates; divorce decrees; and property deeds or
titles.
(2) Finding of
identity from a federal or state governmental agency. The agency may accept as
proof of identity a finding of identity from a federal agency or another state
agency including but not limited to a public assistance, law enforcement,
internal revenue or tax bureau, or corrections agency, if the agency has
verified and certified the identity of the individual.
(3) If the applicant does not have any
document specified in Paragraph (1) of Subsection C of
8.200.410.12 NMAC and identity is
not verified under Paragraph (2) of Subsection C of
8.200.410.12 NMAC, the agency must
accept an affidavit signed, under penalty of perjury, by a person other than
the applicant who can reasonably attest to the applicant's identity. Such
affidavit must contain the applicant's name and other identifying information
establishing identity, as described in Paragraph (1) of Subsection C of
8.200.410.12 NMAC. The affidavit
does not have to be notarized.
D. Verification of citizenship by a federal agency or another state: HSD may rely, without further documentation of citizenship or identity, on a verification of citizenship made by a federal agency or another state agency, if such verification was done on or after July 1, 2006.
E. Assistance with obtaining documentation: HSD will provide assistance to individuals who need assistance in securing satisfactory documentary evidence of citizenship in a timely manner.
F. Documentary evidence: A photocopy, facsimile, scanned or other copy of a document must be accepted to the same extent as an original document under this section, unless information on the copy submitted is inconsistent with other information available to HSD or HSD otherwise has reason to question the validity of, or the information in, the document.
Disclaimer: These regulations may not be the most recent version. New Mexico 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
