Section 1200-37-01-.03 - APPLICATION FOR PRIMARY CARE SERVICESEach adult applicant for services under this program shall attest to his/her status as a citizen or qualified alien and shall submit to verification of that status as follows:
(1) Applicants claiming to be citizens shall present one of the following:(a) A valid Tennessee driver license or photo identification license issued by the department of safety;(b) A valid driver license or photo identification license from another state where the issuance requirements are at least as strict as those in Tennessee, as determined by the department of safety;(c) An official birth certificate issued by a state, jurisdiction or territory of the United States, including Puerto Rico, United States Virgin Islands, Northern Mariana Islands, American Samoa, Swains Island, and Guam; provided, that Puerto Rican birth certificates issued before July 1, 2010, shall not be recognized under this rule;(d) A United States government-issued certified birth certificate;(e) A valid, unexpired United States passport;(f) A United States certificate of birth abroad (DS-1350 or FS-545);(g) A report of birth abroad of a citizen of the United States (FS-240);(h) A certificate of citizenship (N560 or N561);(i) A certificate of naturalization (N550, N570 or N578);(j) A United States citizen identification card (I-197, I-179);(k) Any successor document of subparagraphs (1)(e) through (1)(j) above; or(l) A social security number that the entity or local health department may verify with the social security administration in accordance with federal law.(2) Applicants claiming to be qualified aliens shall present two forms of documentation of identity and immigration status as determined by the United States Department of Homeland Security to be acceptable for verification through the SAVE program or SEVIS system.(3) Where an applicant claiming to be a qualified alien presents only one form of documentation of identity described in (2) above, the clinic shall attempt to verify the applicant's status through the SAVE program or SEVIS system.(4) If an applicant who claims eligibility as a qualified alien is unable to present two (2) forms of documentation as described in paragraph (2) above, then the applicant shall present at least one (1) such document that the entity or local health department shall then verify through the SAVE program or SEVIS system.(5) Any document submitted pursuant to paragraphs (1) or (2) of this rule shall be presumed to be proof of eligibility until final verification is received from the SAVE program or SEVIS system.(6) If the SAVE program or SEVIS system indicates that the applicant is not a citizen or qualified alien, the clinic shall deny future primary care services and shall pursue any appropriate action under T.C.A. §§ 4-58-104 or 4-58-105.Tenn. Comp. R. & Regs. 1200-37-01-.03
Emergency rule filed July 19, 2013; effective through January 15, 2014. Original rule filed July 25, 2013; effective December 29, 2013.Authority: T.C.A. §§ 4-58-102, 4-58-104, 4-58-105, 4-58-106, 4-58-107, 4-58-108, 4-58-109, 4-58-110, 68-1-103, 68-1-106, 68-2-603, and 2013 Acts, Pub. Chap. 120.