Section 477-5-006 - REASONABLE OPPORTUNITY PERIODApplicants or clients who attest to being United States citizens or eligible non-citizens, and meet all other eligibility requirements must be given a reasonable opportunity to present satisfactory documentation of citizenship or non-citizen status. Medical benefits must not be denied, delayed, reduced, or terminated during the reasonable opportunity period. If the Department has requested verification, such as an out-of-state birth certificate, benefits will not be denied or terminated while awaiting receipt. Once an individual has declared himself or herself a United States citizen or eligible non-citizen and has provided all other information to determine eligibility, benefits must be provided.
006.01DURATION OF REASONABLE OPPORTUNITY. A 90-day timeframe is given to verify an individual's attested citizenship or satisfactory non-citizen status if the Department or applicant or client cannot provide verification. A notice will be sent to inform the applicant or client of the reasonable opportunity period. The reasonable opportunity period extends 90 days from the date on which the notice is received by the applicant or client, which means five days after the date of the notice unless the applicant or client shows he or she did not receive the notice within the five-day period. If citizenship or immigration status has not been verified by the end of the reasonable opportunity period, Medicaid benefits will be terminated. If the individual appeals the case closure, the Medicaid case is not subject to reinstatement pending the outcome of a fair hearing. The reasonable opportunity period encompasses all aspects of the process to verify citizenship or immigration status, including not only time for an individual to provide documentation but also time for the Department to resolve inconsistencies or conclude the electronic verification process.477 Neb. Admin. Code, ch. 5, § 006
Amended effective 3/13/2018Amended effective 7/29/2020