Kansas Family Medical Assistance
Manual (KFMAM)
Eligibility Policy - 11/21/2024
2046
2047 Documentation of Legal Status - Applicants/recipients who are identified as non-citizens on their application shall be required to verify their non-citizens status. The agency shall determine if the person is a non-citizen who may be eligible to receive assistance. Only those non-citizens who are residents and meet one of the categories of qualifying non-citizens status described in 2044 may participate.
The agency may not request verification of legal non-citizen status from the applicant or recipient if that information is available through an available resource. The agency shall make every effort to verify the legal non-citizen status through those resources. Verification is accomplished through the Department of Homeland Security and additional verification steps may be necessary. The KEES system and the SAVE process is used to obtain the information. Verification is not requested for non-applicants.
The following automated and manual verification resources shall be utilized:
Tier 1 – The Non-Citizen VLP (Verify Lawful Presence) through the Federal HUB (including subsequent SAVE processes).
Tier 2 – The Manual SAVE process. Should the agency be unable to verify non-citizen status in this manner, additional research is required. Detailed instructions on primary and secondary verification procedures are contained in the SAVE User Manual. (See KDHE Eligibility Policy Appendix A-10) No action to deny, reduce, or terminate benefits may be taken based solely on information obtained from DHS through the SAVE primary verification system.
NOTE: Secondary verification should be requested when the person's entrance date is in question. For persons adjusting status to legal permanent resident, the primary web-based verification system will communicate the date of adjustment rather than the original date of entrance. The secondary system will always provide the original date of entrance.
Tier 3 – Research by the agency. If the agency has been unable to verify legal non- citizen status through the available automated and manual interfaces, staff shall review the case file and imaged documents to determine whether a hard copy has already been provided. Verification through the automated systems may be attempted again if additional information is found in the file that will assist in the process.
Tier 4 – Contact with the applicant or recipient. If the agency is unable to verify legal non-citizen status via any of the means above, verification shall initially be waived and a reasonable opportunity period applied as described in 2047.01. The individual shall be contacted to provide verification and notified of the reasonable opportunity period.
2047.01 Reasonable Opportunity Period (ROP) for Non-Citizens - An application shall not be delayed or denied because the agency was unable to verify the non-citizen status of an individual declaring to be a qualifying non-citizen. If otherwise eligible, the application shall be processed and approved granting a reasonable opportunity period (ROP). The ROP shall be three (3) calendar months commencing from the date of approval. If proof of qualifying non-citizen status is provided, the ROP ends and additional information is not necessary. If prior medical assistance has been requested and the individual is otherwise eligible, coverage shall be approved for these prior months as well.
The following processes shall be utilized:
a. Research by the agency - Staff shall review the application, case file and imaged documents to determine if the applicant has previously declared they meet a qualifying non-citizen statuses.
b. Contact with the applicant or recipient – If there is not enough information available to determine if the applicant is a qualifying non-citizen, phone contact is required to obtain additional information necessary to confirm whether or not the individual meets a qualifying non-citizen status. Staff shall attempt to obtain document types, immigration ID numbers and other details during this contact. If unable to reach the applicant, the individual is not provided with an ROP and a request for information is generated.
c. Verify Lawful Presence (VLP) – The Tier 1 and Tier 2 processes are completed as indicated in 2047. If VLP does not provide the information needed to complete a full determination of eligible status, then an ROP is provided for those who declare/attest to an eligible status. If more time is needed to verify status after the initial 3-month period, the ROP will be extended to allow additional time.
NOTE: Manual SAVE may be used only if the VLP interface is failing when first initiated from KEES.
2047.02 Non-Citizens Unable to Provide Documentation - If the alien is unable to provide any documentation of their status, the agency shall advise the person to contact the nearest USCIS office for verification.
2047.03 Documentation Obtained Later - If documentation of qualifying status is received at a later date, the specialist shall act on the information as a reported change in accordance with timeliness standards for these changes. See 7130 as appropriate.
2047.04 Unable to Verify Through KEES - If unable to verify through the non-citizenship status or if conflicting information is received, an inquiry shall be sent to the Eligibility Policy Unit for guidance.