[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR436.406]



[Page 191]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 436_ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS--

 

               Subpart E_General Eligibility Requirements

 

Sec.  436.406  Citizenship and alienage.



    (a) The agency must provide Medicaid to otherwise eligible residents 

of the United States who are--

    (1) Citizens: (i) Under a declaration required by section 1137(d) of 

the Act that the individual is a citizen or national of the United 

States; and

    (ii) The individual has provided satisfactory documentary evidence 

of citizenship or national status, as described in Sec.  435.407.

    (iii) An individual for purposes of the citizenship requirement is a 

Medicaid applicant or recipient or an individual receiving any services 

under a section 1115 demonstration for which States receive Federal 

financial participation in their expenditures as though they were 

medical assistance, for example, family planning demonstrations or 

Medicaid demonstrations.

    (iv) Individuals must declare their citizenship and the State must 

document an individual's eligibility file on initial applications and 

initial redeterminations effective July 1, 2006.

    (2) Qualified aliens as described in section 431 of the Personal 

Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

1641) who have provided satisfactory documentary evidence of Qualified 

Alien status, which status has been verified with the Department of 

Homeland Security (DHS) under a declaration required by section 1137(d) 

of the Act that the applicant or recipient is an alien in a satisfactory 

immigration status.

    (b) The agency must provide payment for the services described in 

Sec.  440.255 to residents of the State who otherwise meet the 

eligibility requirements of the State plan (except for receipt of AFDC, 

SSI, or State Supplementary payments and the presentation of a social 

security number) but who do not meet the requirements of paragraph (a) 

of this section.



[55 FR 36820, Sept. 7, 1990, as amended at 71 FR 39225, July 12, 2006]