Rule 23-102-2.3 - Establishing Citizenship and IdentityA. The citizenship and identity of applicants and recipients declaring to be U. S. citizens will be established in accordance with provisions of the Deficit Reduction Act (DRA) of 2005, which was effective with applications and reviews on and after July 1, 2006. Documentary verification of citizenship is required.B. The evidences of citizenship are divided into a hierarchy of primary, secondary, third level and fourth level documents. Primary evidence has the highest reliability and conclusively establishes both a persons citizenship and identity. When the individual has secondary, third or fourth level documentation of citizenship, additional verification must be provided to establish identity. The evidences of identity are not prioritized.C. The highest level of verification must be used if it is available. Available means the document exists and can be obtained within the time period allowed for providing information, i.e., thirty (30), forty-five (45) and ninety (90) days based on application type. Therefore, when a higher level document is not available, it is permissible to use a lower level document.D. Applicants must be provided a reasonable opportunity to provide verification of citizenship and identity. An application cannot be approved if required citizenship and identity verification has not been provided.E. It is generally the individuals responsibility to provide required documents and pay associated fees to obtain them. However, when individuals are economically disadvantaged and unable to pay fees associated with obtaining necessary documents, lower level evidences of citizenship and identity will be accepted.F. Assistance must be provided when an applicant or beneficiary, who is homeless, an amnesia victim, mentally impaired or physically incapacitated and lacks someone to act for them, does not have the required verifications. Contact must be attempted and assistance provided to any applicant or recipient who is known to be deaf, hard of hearing, blind, mentally or visually impaired, physically incapacitated or otherwise disabled, illiterate, limited English proficient, homeless and/or requires communication assistance with reading agency notices and other written correspondence prior to denying or terminating their case.1. Eligibility will not be denied or terminated until all avenues of verification have been exhausted. However, when the individual has been given a reasonable opportunity to provide the information and all avenues of assistance have been exhausted and documented, eligibility must be denied or terminated if needed information is not provided.G. Aliens applying for Emergency Medicaid services only are not required to provide information about citizenship, immigration status or Social Security Number and should not be asked to do so.23 Miss. Code. R. 102-2.3
42 CFR §435.407 (Rev. 2007).