***This version of the Health Care Programs Manual has been replaced and is no longer in effect. This includes all PDF versions below. Please see the current Health Care Programs Manual for policy as of December 1, 2006.***

The terminology used to describe people with disabilities has changed over time. The Minnesota Department of Human Services ("Department") supports the use of "People First" language. Although outmoded and offensive terms might be found within documents on the Department's website, the Department does not endorse these terms.

MDHS Health Care Programs Manual (Eligibility Policy through 11/30/06)

Chapter 0906 - Technical/Procedural Eligibility

All chapters are numbered beginning with 09. The first chapter is 0901 (Table of Contents).

Chapter 0906

0906

TECHNICAL/PROCEDURAL ELIGIBILITY

PDF(s) Jan 99

0906.03

CITIZENSHIP AND IMMIGRATION STATUS

PDF(s) Jan 05 | Oct 03 | Jan 00

0906.03.03

QUALIFIED NON-CITIZENS

PDF(s) Jun 02 | Jan 02

0906.03.03.03

QUALIFIED NON-CITIZENS -- PROGRAM PROVISIONS

PDF(s) Oct 03 | May 99

0906.03.03.05

QUALIFIED NON-CITIZENS/ STATUS ADJUSTMENT

PDF(s) Feb 00

0906.03.05

NON-CITIZENS INELIGIBLE FOR FEDERAL FUNDING

PDF(s) May 05 | Jan 05 | Oct 03 | May 99

0906.03.07

LAWFUL PERMANENT RESIDENTS WITH SPONSORS

PDF(s) Apr 04 | Dec 02 | Mar 99

0906.03.07.03

SPONSORED IMMIGRANTS -- PROGRAM PROVISIONS

PDF(s) Apr 04 | Mar 99

0906.03.07.05

SUBSTANTIAL CONNECTION -- BATTERY

PDF(s) Mar 99

0906.03.07.07

FAMILY/EMPLOYMENT BASED IMMIGRATION CODES

PDF(s) Mar 99

0906.03.09

UNDOCUMENTED AND NON-IMMIGRANT PEOPLE

PDF(s) Apr 04 | Oct 03 | Jul 03 | Oct 02 | Aug 00

0906.03.11

VERIFICATION OF IMMIGRATION STATUS

PDF(s) May 05 | Oct 03 | Apr 02

0906.03.11.01

SYSTEMATIC ALIEN VERIFICATION ENTITLEMENTS (SAVE)

PDF(s) May 05 | Oct 03 | Apr 02

0906.03.11.03

LAWFUL PERMANENT RESIDENTS

PDF(s) May 05 | Jan 02

0906.03.11.05

REFUGEES

PDF(s) May 05 | Jun 02 | Feb 00

0906.03.11.07

ASYLEES/DEPORTATION WITHHELD

PDF(s) May 05 | Feb 00

0906.03.11.09

CONDITIONAL ENTRANTS

PDF(s) May 05 | Apr 01

0906.03.11.11

PAROLED FOR AT LEAST ONE YEAR

PDF(s) May 05 | Jan 02

0906.03.11.13

BATTERED IMMIGRANTS

PDF(s) May 05 | Jan 02

0906.03.11.15

CUBAN/HAITIAN ENTRANTS

PDF(s) May 05 | May 99

0906.03.11.17

AMERASIAN IMMIGRANTS

PDF(s) May 05 | May 99

0906.03.11.19

VETERANS AND ACTIVE DUTY STATUS

PDF(s) May 99

0906.03.11.21

AMERICAN INDIANS BORN IN CANADA

PDF(s) May 99

0906.03.11.23

OTHER LAWFULLY RESIDING

PDF(s) May 05 | Jan 05 | May 99

0906.03.11.25

TRAFFICKING VICTIMS

PDF(s) May 05 | Jun 02

0906.03.11.27

MICRONESIANS/MARSHALL ISLANDERS

PDF(s) May 05 | Oct 02

0906.03.13

MINNESOTACARE MAJOR PROGRAMS

PDF(s) Jan 05 | Oct 03 | Jul 03 | Dec 01

0906.05

STATE RESIDENCE

PDF(s) Oct 00

0906.05.03

STATE RESIDENCE -- MINNESOTACARE FAMILIES, MA

PDF(s) Apr 04 | Oct 00

0906.05.03.03

STATE RESIDENCE -- SENIOR DRUG

PDF(s) Oct 00

0906.05.05

STATE RESIDENCE -- MINNESOTACARE ADULTS

PDF(s) Jul 03 | Jun 99

0906.05.07

STATE RESIDENCE -- GAMC

PDF(s) May 05 | Oct 03 | Jun 99

0906.07

COUNTY RESIDENCE

PDF(s) Jul 01

0906.07.03

COUNTY RESIDENCE -- TRANSFERS

PDF(s) Dec 01

0906.07.03.01

MINNESOTACARE ENROLLMENT SITE TRANSFERS

PDF(s) Jan 00

0906.07.03.03

COUNTY FINANCIAL RESPONSIBILITY DISPUTES

PDF(s) Jul 04

0906.07.05

EXCLUDED TIME

PDF(s) Nov 00

0906.09

INSTITUTIONAL RESIDENCE -- MINNESOTACARE

PDF(s) Oct 00

0906.09.01

INSTITUTIONAL RESIDENCE -- MA/GAMC

PDF(s) Oct 03 | Mar 03 | Dec 02 | Jun 02 | Oct 00

0906.11

SOCIAL SECURITY NUMBER -- MINNESOTACARE

PDF(s) Apr 04 | May 01

0906.11.01

SOCIAL SECURITY NUMBER -- MA/GAMC

PDF(s) Oct 03 | Dec 02 | May 01

0906.13

ASSIGNING RIGHTS TO MEDICAL SUPPORT

PDF(s) Jan 04 | Feb 01

0906.13.03

MEDICAL SUPPORT: WHEN TO REFER

PDF(s) May 05 | Jan 04 | Feb 99

0906.13.03.03

MEDICAL SUPPORT REFERRALS -- NEWBORNS

PDF(s) Oct 99

0906.13.03.05

MEDICAL SUPPORT -- NO REFERRAL

PDF(s) Feb 99

0906.13.05

GOOD CAUSE EXEMPTIONS -- MEDICAL SUPPORT

PDF(s) Oct 00

0906.13.07

GOOD CAUSE DETERMINATION

PDF(s) Jan 00

0906.13.09

PARENTAL FEES

PDF(s) Jul 04 Jul 03 | Jul 02 | Jul 01

0906.15

DISABILITY DETERMINATIONS

PDF(s) Jul 04 Jan 00

0906.15.03

DISABILITY DETERMINATION/ SMRT REFERRAL

PDF(s) Jul 98

0906.17

TECHNICAL FACTORS --GAMC

PDF(s) Oct 03 | Mar 03 | Oct 99

***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

TECHNICAL/PROCEDURAL ELIGIBILITY 0906

Each program has some technical or procedural eligibility requirements. People who do not meet a program’s requirements are ineligible for that program.

The following sections identify technical or procedural requirements for:

§0906.03

Citizenship and Immigration Status.

§0906.05

State Residence.

§0906.09

Institutional Residence--MinnesotaCare.

§0906.09.01

Institutional Residence--MA/GAMC.

§0906.11

Social Security Number--MinnesotaCare.

§0906.11.01

Social Security Number--MA/GAMC.

§0906.13

Assigning Rights to Medical Support.

§0906.15

Disability Determinations.

People are also required to cooperate with 3rd party liability determinations. See §0910 (Other Health Coverage).

***This version of the manual is no longer in effect as of December 1, 2006.***

Current Manual

CITIZENSHIP AND IMMIGRATION STATUS 0906.03

U.S. citizens meet the citizenship/immigration requirements for all of the health care programs. Do not require verification of U.S. citizenship.

Eligibility for non-citizens depends on the immigration status granted by the U.S. Citizenship and Immigration Services (USCIS). For some statuses, such as LPRs, eligibility also depends on when the immigrant entered the U.S. Require verification of immigration status and date of entry for all applicants who report they are non-citizens. Do not request verification of immigration status for people listed on the application who are not requesting coverage.

Once an immigrant has provided verification of immigration status and date of entry, do not request additional verification unless the immigrant reports a change in status. Accept verification obtained by another program unless there is a change in status.

Do not contact USCIS without the applicant or enrollee’s signed consent.

See §0906.03.11 (Verification of Immigration Status) for more information on verification requirements and sources of verification.

Some immigrants are eligible for federally funded MA or MinnesotaCare if they meet all other program requirements. These immigrants are called qualified non-citizens. See §0906.03.03 (Qualified Non-Citizens). Immigrants who have lawful permanent resident status and some immigrants with lawful temporary status who are not qualified non-citizens are eligible for state-funded MA or MinnesotaCare if they meet all other program requirements. See §0906.03.05 (Non-Citizens Ineligible for Federal Funding). Also see §0906.03.13 (MinnesotaCare Major Programs).

Undocumented non-citizens and non-immigrants are ineligible for federal and state-funded MA and MinnesotaCare but may be eligible for EMA. Pregnant women who are non-citizens and people receiving services from the Center for Victims of Torture (CVT) who are undocumented or non-immigrant are eligible for state-funded MA (program NM). See §0906.03.09 (Undocumented and Non-Immigrant People).

Consider the income, and assets if applicable, of the sponsor when determining eligibility for most sponsored non-citizens. See §0906.03.07 (Lawful Permanent Residents with Sponsors).

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***This version of the manual is no longer in effect as of December 1, 2006.***

Current Manual

QUALIFIED NON-CITIZENS 0906.03.03

The following groups of non-citizens are qualified non-citizens and may be eligible for federally funded health care (MA program MA or MinnesotaCare program LL or FF) regardless of date of entry. They must meet all other program requirements to be eligible.

Asylees. See §0906.03.11.07.

Immigrants whose deportation has been withheld. See §0906.03.11.07.

Refugees. See §0906.03.11.05.

Cuban/Haitian entrants. See §0906.03.11.15.

Amerasian entrants. See §0906.03.11.17.

The following groups are exempt from the qualified non-citizen and date of entry requirements and are eligible for MA (program MA) and MinnesotaCare with FFP if they meet all other eligibility requirements:

Honorably discharged non-citizen U.S. veterans, their spouses and unmarried dependent children. See §0906.03.11.19.

Non-citizens on active duty, their spouses, and unmarried dependent children. See §0906.03.11.19.

American Indians born in Canada of at least 50% American Indian blood, including their adopted children who are of at least 50% Indian blood. See §0906.03.11.21.

Members of a federally recognized Indian tribe born outside the U.S. Verify membership in a federally recognized tribe. Consider tribes whose members receive benefits from the federal government to be recognized.

Non-citizens with the following immigration statuses may be eligible for federal funding if their date of entry into the U.S. is before 8-22-96, OR their date of entry is on or after 8-22-96 and they have resided in the U.S. for at least 5 years:

Lawful Permanent Residents. See §0906.03.11.03.

NOTE:

LPRs who were originally admitted as refugees, conditional entrants, or asylees may continue to be eligible under their original status for 5 years after the date of adjustment to LPR. See §0906.03.03.05 (Qualified Non-Citizens/Status Adjustment).

Immigrants granted parole for at least 1 year. See §0906.03.11.11.

Conditional Entrants. See §0906.03.11.09.

Battered non-citizens and their children. See §0906.03.11.13.

Non-citizens who were lawfully residing in the U.S. on 8-22-96 and who currently receive SSI or RSDI or have otherwise been certified as blind or disabled by SSA or SMRT. They do not need to have been receiving SSI or RSDI or have been certified disabled on 8-22-96 to qualify under this provision. See §0906.03.11.23 (Other Lawfully Residing) for a list of groups to whom this provision may apply.

Consult the above sections for definitions and a list of acceptable sources of verification for individual statuses.

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***This version of the manual is no longer in effect as of December 1, 2006.***

Current Manual

QUALIFIED NON-CITIZENS -- PROGRAM PROVISIONS 0906.03.03.03

MinnesotaCare:

Qualified non-citizens are eligible for MinnesotaCare if they meet all other eligibility requirements. Pregnant women and children up to age 21 who meet the citizenship and immigration requirements for Medicaid are eligible to receive federal financial participation under program LL. Low income parents and caretakers who meet the Medicaid citizenship and immigration requirements are eligible to receive federal financial participation under program FF.

Lawful non-citizens who do not meet a qualified status may be eligible for state-funded MinnesotaCare. See §0906.03.05 (Non-Citizens Ineligible for Federal Funding) and §0906.03.13 (MinnesotaCare Major Programs) for more information.

MA:

Non-citizens who meet a qualified status can receive federally funded MA (program MA) if they meet all other requirements. See §0906.03.03 (Qualfied Non-Citizens).

Non-citizens who meet a basis of MA eligibility but do not qualify for federally funded MA because of date of entry or length of time in the U.S. qualify for program NM if they meet all other eligibility factors. See §0906.03.05 (Non-Citizens Ineligible for Federal Funding).

GAMC:

Non-citizens who are in the U.S. lawfully and meet residency requirements but who do not meet a basis of MA eligibility may be eligible for GAMC. There is no federal funding for GAMC. See §0906.03 (Citizenship and Immigration Status) and §0907.25 (GAMC Bases of Eligibility).

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***This version of the manual is no longer in effect as of December 1, 2006.***

Current Manual

QUALIFIED NON-CITIZENS/STATUS ADJUSTMENT 0906.03.03.05

When non-citizens who were originally admitted to the U.S. as refugees later adjust to LPR status, determine eligibility under the original status for 7 years from the date of entry. When asylees or people whose deportation was withheld later adjust to LPR status, determine eligibility under the original status for 7 years from the date asylum was granted or deportation was withheld. After 7 years, determine eligibility under the LPR status.

EXAMPLE:

Jennifer entered the U.S. as a refugee on August 21, 1995. She was granted LPR status on December 1, 1998. When determining her eligibility for the health care programs, consider her to be a refugee until August 21, 2002 (7 years from date of entry). She would be eligible for MA or MinnesotaCare with federal funding if she meets other eligibility requirements for those programs. Beginning September 1, 2002 (the 1st of the month following expiration of refugee status), determine eligibility using LPR criteria.

Non-citizens who did not originally enter the U.S. with a qualified status but who later adjust to LPR may be considered to have LPR status effective the date of adjustment if they meet all the following conditions:

• They entered the U.S. before 8-22-96 and were lawfully present. • They have been continuously present from the date of entry to the date of status adjustment. People do not meet the continuous presence requirement if they have had a single absence from the U.S. of more than 30 days or total absences of more than 90 days. Use evidence such as rent receipts, utility bills, medical records, or similar documents to verify continued presence. • They adjust to qualified status on or after 8-22-96.

EXAMPLE:

Jillian entered the U.S. on January 15, 1995 as a lawfully present non-immigrant and has been continuously present since that time. She was granted LPR status on February 14, 1998. If she meets all other eligibility factors, Jillian would be eligible for federally funded MA or MinnesotaCare beginning February 14, 1998, because she was lawfully present in the U.S. before August 22, 1996, and now has a qualified status.

EXAMPLE:

Rita entered the U.S. on August 29, 1996, with a Temporary Protected immigration status. She was granted LPR status on December 1, 1996. Rita does not qualify for federal funding because her current status is LPR and she entered the U.S. on or after August 22, 1996. If she meets all other eligibility factors, Rita would be eligible for program N or state-funded MinnesotaCare.

Do not apply these provisions to people who were not lawfully present before adjusting to LPR status. Use the date of adjustment to LPR status to determine eligibility for the health care programs.

EXAMPLE:

Beryl entered the U.S. as an undocumented non-citizen on March 12, 1996. She adjusted to LPR status on February 15, 1998. If she meets all other eligibility requirements, she would be eligible for program N or state-funded MinnesotaCare beginning February 15, 1998. She would become eligible for federally funded MA or MinnesotaCare beginning February 15, 2003 (5 years after the date of adjustment).

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***This version of the manual is no longer in effect as of December 1, 2006.***

Current Manual

NON-CITIZENS INELIGIBLE FOR FEDERAL FUNDING 0906.03.05

Non-citizens who do not meet the criteria in §0906.03.03 (Qualified Non-Citizens) and §0906.03.03.03 (Qualified Non-Citizens--Program Provisions) are ineligible for the federally funded health care programs (MinnesotaCare programs LL and FF and program MA). They may be eligible for one of the state-funded programs: MinnesotaCare programs KK, BB, JJ, NM or GAMC. See the program-specific provisions below. See §0906.03.09 (Undocumented and Non-Immigrant People).

MinnesotaCare:

Non-qualified non-citizens are ineligible to receive MinnesotaCare with FFP. Non-qualified non-citizens who can obtain an SSN and have permission to remain in the U.S. permanently may be eligible for state-funded MinnesotaCare (program KK, BB, JJ,). See §0906.05.03 (State Residence--MinnesotaCare Families, MA), §0906.05.05 (State Residence--MinnesotaCare Adults), and §0906.11 (Social Security Number--MinnesotaCare).

In addition to citizenship and immigration status, the correct MinnesotaCare program depends on the person's age, whether or not the person is pregnant, and household income. See §0906.03.13 (MinnesotaCare Major Programs) to determine the correct program.

MA:

Qualified non-citizens who do not qualify for program MA because of date of entry or length of time in the U.S. may qualify for state-funded program NM if they meet an MA basis of eligibility. They must meet all other MA eligibility requirements including income and assets. Program NM provides the same benefits as program MA.

Non-citizens with the following immigration statuses may be eligible for program NM if their date of entry into the U.S. is on or after 8-22-96:

• Lawful Permanent Residents. See §0906.03.11.03.

NOTE:

LPRs who were originally admitted as refugees, conditional entrants, or asylees may continue to be eligible under their original status for 5 years after the date of adjustment to LPR. See §0906.03.03.05 (Qualified Non-Citizens/Status Adjustment).

• Immigrants granted parole for at least one year. See §0906.03.11.11. • Conditional entrants. See §0906.03.11.09. • Battered non-citizens and their children. See §0906.03.11.13.

The following groups of non-citizens may be eligible for program NM regardless of their date of entry into the U.S.:

• Pregnant women who are undocumented or non-immigrant. See §0906.03.09 (Undocumented and Non-Immigrant People). • People who receive services from the Center for Victims of Torture who are not otherwise eligible for federal or state-funded MA, including those who are undocumented or non-immigrant.

See §0906.03.11.23 (Other Lawfully Residing) for more information on the following groups who are eligible for program NM regardless of date of entry:

• Deferred Enforced Departure. • Entered U.S. before 1-1-72 and has lived here continuously since then under Section 249 of the INA. • Family Unity Beneficiary. • Lawful Temporary Resident (LTR). • Temporary Protected Status. • Applicant for Asylum. • Paroled into U.S. for less than 1 year.

Non-citizens who are lawfully residing in the U.S. but do not have a qualified status must cooperate with the USCIS in efforts to obtain a qualified status or pursue citizenship. The USCIS application process and type of documentation required will vary according to the person's status. Terminate adults who fail to cooperate.

GAMC:

People who meet the citizenship and immigration status requirements for MA (program MA or program NM) but who do not meet a basis of eligibility for MA may be eligible for GAMC. Undocumented and non-immigrant people are not eligible.

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***This version of the manual is no longer in effect as of December 1, 2006.***

Current Manual

LAWFUL PERMANENT RESIDENTS WITH SPONSORS 0906.03.07

Deem the income and assets of people who signed an affidavit of support (I-864) for immigrants who entered the U.S. or adjusted their status on or after 12-19-97. Deeming rules apply to immigrants with family- or employment-based codes on the I-551 card. See §0906.03.07.07 (Family/Employment Based Immigration Codes). Apply sponsor deeming to immigrants with employment-based codes only if the U.S. citizen or lawful permanent resident sponsor is a relative who employs the immigrant or has at least a 5% ownership interest in a business that employs the immigrant. Do not apply sponsor deeming to other businesses or corporations.

Do not apply sponsor deeming provisions to the following groups:

• Refugees or asylees. See §0906.03.11.05 (Refugees) and §0906.03.11.07 (Asylees/Deportation Withheld). • EMA clients. See §0907.29 (Emergency Medical Assistance-EMA). • Women who receive MA under the breast and cervical cancer basis (MA-BC). See §0907.19.13 (MA Basis: Breast/Cervical Cancer MA-BC).

Deem all of the income and assets of the sponsor and the sponsor’s spouse to each immigrant covered by the affidavit who applies for federally funded MA, state-funded MA (program NM), GAMC, or MinnesotaCare. Continue to deem income and assets until the sponsored immigrant naturalizes, earns 40 qualifying work quarters, leaves the U.S., or dies.

A qualifying work quarter is a calendar quarter during which the immigrant had covered employment under the Social Security Act. Also count spouse’s quarters earned during the marriage toward the immigrant if the spouses are still married or the spouse has died. Count parents’ quarters earned while the immigrant was under age 18. Do not allow credit for any quarter beginning after 12-31-96 in which the person earning the credit also received assistance from a federal means-tested program (MFIP or another state’s TANF program, Food Stamps, MA, or SSI).

The Social Security Administration has developed an automated system to verify information on social security credits on an overnight basis. See TE02.12.15 (SVES Quarters of Coverage) and the Combined Manual.

If the sponsor is a household member whose income is deemed to the sponsored non-citizen under the rules of the health care program you are determining eligibility for, allow the applicable deductions, disregards and household size. See §0906.03.07.03 (Sponsored Immigrants–Program Provisions).

If the sponsor is not a household member whose income is already deemed to the sponsored non-citizen, deem all of the gross income and assets of the sponsor and the sponsor’s spouse to each immigrant covered by the affidavit regardless of whether the sponsor actually contributes income to the immigrant. Do not prorate income if there is more than one sponsored immigrant. Do not prorate or allow any deductions for the needs of the sponsor, spouse, or other household members. Do not count the sponsor or sponsor’s family members in the immigrant’s household size. See §0906.03.07.03 (Sponsored Immigrants-Program Provisions).

EXCEPTION:

If the immigrant or his/her children have been battered or subjected to extreme cruelty, deem only any income or assets the sponsor or sponsor’s spouse actually contributes to the immigrant and his/her children. To qualify for a deferment of sponsor deeming rules, the immigrant or his/her children must meet ALL the following conditions:

• They have Battered Status granted by the USCIS

OR

The county or MinnesotaCare operations determines the immigrant or children have been battered or subjected to extreme cruelty. For county and MinnesotaCare operations, require a statement of abuse from the client OR other documentation, such as:

• Police, government agency, or court records. • Statement from a battered women’s shelter staff or sexual assault or domestic violence advocate with knowledge of circumstances or credible evidence that supports a sworn statement. • Statement from a professional from whom the applicant or enrollee has sought assistance about the abuse. • A sworn (notarized) statement from any other person with knowledge of the circumstances or credible evidence that supports a sworn statement.

A client with an approved claim of good cause for non-cooperation with medical support may use the same documentation to verify domestic abuse. See §0906.13.07 (Good Cause Determination).

AND

• They are not living with the batterer

AND

• There is a substantial connection between the need resulting from the battery and the need for coverage through the health care programs. See §0906.03.07.05 (Substantial Connection--Battery).

Allow the deferment of sponsor deeming for 12 months after you determine that the immigrant or his/her children have been battered or subjected to extreme cruelty. Extend the 12-month deferment if:

• The immigrant or children continue to have a need related to the battery

AND

• They have either an order for protection or a USCIS determination

AND

• The sponsor is the batterer.

EXCEPTION:

Do not deem sponsor’s income and assets if the immigrant needs placement in a facility and placement is jeopardized by the sponsor’s failure or inability to provide support. This includes situations where the client cannot locate the sponsor. Count only any income the sponsor actually contributes to the immigrant. Require the client to explain why the sponsor is not providing support.

For applicants or enrollees who are subject to sponsor deeming rules, request a copy of the Affidavit of Support to verify the sponsor’s identity and obtain a release of information to contact the sponsor. Deny or terminate health care coverage for immigrants who refuse to supply sponsor information or sign the release.

If the client and/or sponsor is unable to supply a copy of the affidavit, or appears to be subject to sponsor deeming rules but claims not to have a sponsor:

1. Obtain a release of information to contact the U. S. Citizenship and Immigration Service (USCIS). 2. Complete a Document Verification Request, Form G-845, and a Document Verification Request Supplement, Form G-845 Supplement.
• Form G-845 can be downloaded as a fillable form from the USCIS Website. Form G-845 Supplement is not available online, but may be reproduced or requested from the USCIS Forms Request Line at 1-800-870-3676. • Both forms must be completed and reproduced as 2-sided documents.
3. Send the completed forms with a readable copy of both sides of the document submitted as verification of immigration status to:

U. S. Citizen and Immigration Services

Attn. Immigration Status Verifier

St. Paul District

2901 Metro Drive, Suite 100

Bloomington, MN 55425

The local USCIS office will respond with the following information:

• Whether the immigrant was sponsored using Form I-864 • The identity of the sponsor • The identity of joint sponsor(s), if any.

Send the Sponsor Letter (DHS 3453) to remind sponsors of their legal obligation to provide support and request verification of the sponsor’s and sponsor’s spouse’s income and assets. Deny or terminate health care coverage for the immigrant if the sponsor fails to respond to the Sponsor Letter or fails to provide verifications.

If the sponsor provides verification, deem the income and assets of the sponsor and the sponsor’s spouse to each immigrant covered by the affidavit. Count sponsor income as unearned income.

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***This version of the manual is no longer in effect as of December 1, 2006.***

Current Manual

SPONSORED IMMIGRANTS -- PROGRAM PROVISIONS 0906.03.07.03

See §0906.03.07 (Lawful Permanent Residents with Sponsors) for general provisions on sponsor deeming for the health care programs.

MinnesotaCare:

If the sponsor is part of the MinnesotaCare household, include the sponsor’s gross countable income (and assets if an asset test applies) as part of the household’s gross countable income and include the sponsor in the household size. Do not deem the income and assets a second time as part of sponsor deeming.

EXAMPLE:

Abdul signed an affidavit of sponsorship, Form I-864, for his wife and child who now live with him. They apply for MinnesotaCare. Since Abdul is part of the household, his income and assets are already counted. This meets the sponsor deeming requirement.

If the sponsor is not part of the MinnesotaCare household, add the total gross income of the sponsor and sponsor’s spouse to the immigrant household’s income. Do not prorate income or allow any deductions or exclusions for the sponsor’s household. Do not count the sponsor or sponsor’s family members in the immigrant’s household size.

For applicants, deny MinnesotaCare if total income exceeds the applicable limit. For enrollees, follow §0912.03.03 (MinnesotaCare Excess Income).

If total income is within the limit and the household is otherwise eligible, count all of the sponsor’s income in determining the premium amount.

EXAMPLE:

John entered the U.S. on February 4, 1998. He was sponsored by his sister, Janet. John applies for MinnesotaCare as an adult without children. He has earned income of $600 per month. Janet has earned income of $1,500 per month. John is ineligible for MinnesotaCare because his total countable income of $2,100 (all of Janet’s gross income plus John’s gross income) exceeds the applicable income limit.

EXAMPLE:

Hans entered the U.S. on April 10, 1998. He was sponsored by his brother, Olaf. Hans applies for MinnesotaCare as an adult without children. He lives with his brother and has no income. Olaf has earned income of $1,000 per month. Hans is found eligible for MinnesotaCare. Count all of Olaf’s income ($1000 per month) in determining Hans’s premium amount.

EXAMPLE:

Rudolph and Olga entered the U.S. on February 15, 1998. They were sponsored by Rudolph’s brother, Mikhail. Olga gave birth to Natasha on June 16, 1998. Rudolph and Olga apply for MinnesotaCare on November 12, 1998. Mikhail and Rudolph are both employed. Their combined income exceeds the MinnesotaCare limit for Rudolph, Olga, and Natasha. Deny MinnesotaCare for all family members.

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MA and GAMC:

If the sponsor is included in the MA or GAMC household size, deem the sponsor’s income to his/her spouse and children who are applying for MA or GAMC. Allow applicable MA disregards and deductions. Also deem the sponsor’s assets if an asset test applies. Do not deem the income and assets a second time as part of sponsor deeming.

EXAMPLE:

Olga signed an affidavit of sponsorship, I-864, for her 2 children, ages 12 and 14, who now live with her. She applies for MA for the family. She is employed full time. Allow any applicable Method A disregards and deductions from Olga’s income and use a household size of 3. Consider Olga’s assets for her own eligibility only, since the children have no asset test.

If the sponsor is not a member of the MA or GAMC household or is a household member whose income is not deemed to other household members under MA policy, deem the income of the sponsor and the sponsor’s spouse to each household member who is requesting or receiving coverage and who is covered by the affidavit. Do not deem sponsor income to other household members, such as children born in the U.S. who are citizens.

Deem the assets of the sponsor and the sponsor’s spouse to each household member who is requesting or receiving coverage, is covered by the affidavit, and is subject to an asset limit. See §0909.03 (Exemptions from Asset Limits).

EXAMPLE:

Susan and her daughter Kathy, age 8, entered the U.S. on February 15, 1998, and were sponsored by Susan’s brother, Paul. Susan gave birth to another child, Samantha, on October 2, 1998. Susan applies for MA for herself and the 2 children on January 3, 1999. Susan has earned income of $800 per month. Paul and his wife have earned income of $2,500 per month and assets of $1,900. Susan and Kathy are ineligible for federally funded MA (program M) due to immigration status but are potentially eligible for coverage under Program NM. Samantha is a U.S. citizen and potentially eligible for program MA.

Count Susan’s net earned income to determine eligibility for her and Kathy. Allow all applicable Method A deductions. See §0912.05 (Determining Net Income). Add the result to the countable sponsor income of $2,500. Do not allow earned income deductions from the sponsor’s income. Apply the assets of Paul and his wife toward Susan’s asset limit. Kathy has no asset limit.

Count only Susan’s earned income to determine Samantha’s eligibility. Do not deem sponsor income because Samantha is a U.S. citizen and is not covered by the Affidavit of Support. Use Susan’s gross earned income because Samantha is an infant under age 2. See §0912.05.05 (Work Expense Deductions). Samantha has no asset limit.

EXAMPLE:

Frederick entered the U.S. on January 5, 1998, and was sponsored by his father, Arthur. Frederick applies for GAMC for himself. He lives with Arthur and has earned income of $300 per month. Arthur has earned income of $1,500 and countable assets of $20,000. Count Frederick’s gross earned income, Arthur’s gross earnings, and Arthur’s assets in determining Frederick’s eligibility.

EXAMPLE:

Rodney signed an I-864 agreeing to sponsor his wife and his stepson Ivan. The family applies for MA for Ivan only. Rodney is included in Ivan’s household size, but stepparent income is not deemed under regular MA rules. Because Rodney is the sponsor, deem all of his income to Ivan.

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SUBSTANTIAL CONNECTION -- BATTERY 0906.03.07.05

See §0906.03.07 (Lawful Permanent Residents with Sponsors) for information on when sponsored immigrants who have been battered are exempt from having a sponsor’s income deemed. Apply the following to determine if there is a substantial connection between the need resulting from the battery and the need for coverage through the health care programs.

There is a substantial need between battery or extreme cruelty suffered by the sponsored immigrant or the immigrant’s child if the benefits are needed:

• To enable the immigrant or the immigrant’s child to become self-sufficient following separation from the abuser. • To enable the immigrant or the immigrant’s child to escape the abuser or the community where the abuser lives, or to ensure the safety of the immigrant or the immigrant’s child from the abuser. • Due to a loss of financial support due to the immigrant’s or immigrant’s child’s separation from the abuser. • Because the immigrant or immigrant’s child has lost his/her job or left a job for safety due to the battery or cruelty or separation from the abuser. This includes job loss due to work absence or lower job performance because of the abuse or cruelty or related legal proceedings, such as child support or custody disputes. • To obtain medical attention or mental health counseling for the immigrant or the immigrant’s child, or because the immigrant or immigrant’s child is disabled because of the battery or cruelty. • Because loss of housing or income or fear of the abuser following separation jeopardizes the immigrant’s ability to care for his/her children. • To alleviate nutritional risk or need resulting from the abuse or following separation from the abuser. • To provide medical care during an unwanted pregnancy resulting from the abuser’s sexual assault of, or relationship with, the immigrant or the immigrant’s child, or to care for any resulting children. • To replace medical coverage or health care services the immigrant or immigrant’s child had when living with the abuser.

If the county or MinnesotaCare believes the immigrant satisfies the substantial connection requirement but the immigrant’s statement does not support 1 or more of the above situations, send a description of the circumstances to:

Director of the Violence Against Women Office

U.S. Department of Justice

950 Pennsylvania Avenue

Washington, D.C. 20530

The office will make a determination of whether the immigrant’s need is substantially connected to battery or cruelty.

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FAMILY/EMPLOYMENT BASED IMMIGRATION CODES 0906.03.07.07

See §0906.03.07 (Lawful Permanent Residents with Sponsors) for complete information on deeming rules and exemptions. Immigrants who entered the U.S. or adjusted their status on or after 12-19-97 and who have one of the family or employment-based codes listed below are subject to sponsor deeming rules. These codes are shown on the I-551 Resident Alien Card.

IMMEDIATE RELATIVES

CR 1, 2

IR 0, 1, 2, 3, 4, 5, 6, 7, 8, 9

IW 1

VI 5

FAMILY PREFERENCE

C 21, 22, 23, 24, 26, 31, 32, 33

CX 1, 2, 3

F 11, 12, 21, 22, 23, 24, 25, 31, 32, 33, 41, 42, 43

FX 1, 2, 3

LB 1, 2

P 11, 12, 16, 17, 21, 22, 23, 26, 27, 28, 41, 42, 43, 46, 47, 48, 51, 52, 53, 56, 57, 58

EMPLOYMENT BASED

C 51, 52, 53

E 11, 12, 13, 14, 15, 21, 22, 23, 31, 32, 34, 35

EX 3, 4, 5

P 31, 32, 33, 36, 37, 38, 66, 67, 68

T 51, 52, 53

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UNDOCUMENTED AND NON-IMMIGRANT PEOPLE 0906.03.09

Non-immigrants include people admitted as visitors or on another temporary basis. Examples include but are not limited to:

• Students and their dependents admitted on a student visa. NOTE:

Dependents who are born in the U.S. will usually be U.S. citizens. Their status is not dependent on the parents’ status.

• Tourists. • Diplomats and their dependents.

Undocumented people are those who do not have and cannot obtain current USCIS documentation because they are present in the U.S. without USCIS authorization. This includes people who enter the country illegally as well as people whose authorization to remain has expired.

MinnesotaCare:

Most non-immigrants are ineligible for both federally funded and state-funded MinnesotaCare. They are in the U.S. legally and may be able to obtain SSN’s. However, their temporary status prevents them from meeting the state residency requirements for families and children and adults without children because they do not have authorization to remain in Minnesota once their immigration documents expire. See §0906.05.03 (State Residence--MinnesotaCare Families, MA) and §0906.05.05 (State Residence--MinnesotaCare Adults).

Citizens of Micronesia and the Marshall Islands have a special status and may be eligible for state-funded MinnesotaCare. See §0906.03.11.27 (Micronesians/Marshall Islanders).

Non-immigrant and undocumented people who have a medical emergency may be eligible for emergency MA (EMA, program EH). They must meet an MA basis of eligibility and meet all other MA requirements except for citizenship and immigration status. See §0907.29 (Emergency Medical Assistance--EMA).

Undocumented people are ineligible for MinnesotaCare because they are in the U.S. without USCIS authorization and cannot legally establish permanent residency.

Public Law 104-193

42 CFR 435.403 - 435.408

M.S. 256L.09 subd. 2

MA:

Most non-immigrants are ineligible for MA program MA and program NM. Although they are legally present in the U.S., their temporary immigration status prevents them from having a qualified status and from meeting state residency requirements. People with 1 of the Other Lawfully Residing statuses may be eligible. See §0906.03.11.23 (Other Lawfully Residing). Most undocumented people are ineligible for MA program MA and program NM.

EXCEPTIONS:

Pregnant non-immigrants and undocumented non-citizens are eligible for Program NM through the 60-day postpartum period. MMIS will identify any emergency charges, including labor and delivery, and bill them to EMA.

Non-immigrants and undocumented people who receive services from the Center for Victims of Torture (CVT) are eligible for NM while receiving CVT services.

Citizens of Micronesia and the Marshall Islands have a special status and may be eligible for program NM. See §0906.03.11.27 (Micronesians/Marshall Islanders).

Non-immigrant and undocumented people who have a medical emergency may be eligible for emergency MA (EMA, program EH). They must meet an MA basis of eligibility and meet all other MA requirements except for citizenship and immigration status. See §0907.29 (Emergency MA-EMA).

GAMC:

Citizens of Micronesia and the Marshall Islands have a special status and may be eligible for GAMC. See §0906.03.11.27 (Micronesians/Marshall Islanders).

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VERIFICATION OF IMMIGRATION STATUS 0906.03.11

Require verification of immigration status for all applicants who are requesting coverage EXCEPT undocumented people who are requesting

• EMA
OR
• Program NM for pregnant women or for people eligible solely due to receipt of services from the Center for Victims of Torture (CVT).

If applicants or enrollees claim a status under which they would qualify for federal or state-funded MA or MinnesotaCare but are unable to submit documentation or submit expired USCIS documents, request further verification and refer the applicant or enrollee to the USCIS district office to secure proper documentation. Approve the appropriate health care program while documentation is pending. However, if MinnesotaCare or MA has previously requested verification of immigration status and the applicant failed to submit it, do not approve health care coverage until you receive the verification.

If verification of immigration status is not received within two months of the request for the verification, send a letter to remind the applicant to provide the information. If verification of immigration status is not received within 30 days of the date of the reminder letter, terminate health care coverage for the next available month.

See §0906.03.11.03 through §0906.03.11.23 for information on acceptable sources of verification. See §0906.03.11.01 (Systematic Alien Verification for Entitlements (SAVE) for information on when to use the automated SAVE system to validate immigration status.

Assist people in obtaining documentation if they request help. Do not contact the USCIS without the person’s written consent. Do not contact USCIS for undocumented people unless the person specifically requests the contact and gives signed permission.

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MinnesotaCare:

Follow general provisions.

M.S. 256L.04 subd. 10

MA:

Follow general provisions. Also, non-citizens who are lawfully residing in the U.S. but do not have a qualified status must cooperate with the USCIS in efforts to obtain a qualified status or pursue citizenship. The USCIS application process and type of documentation required will vary according to the person’s status. Terminate adults who fail to cooperate.

GAMC:

Follow general provisions.

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SYSTEMATIC ALIEN VERIFICATION ENTITLEMENTS (SAVE) 0906.03.11.01

The Systematic Alien Verification for Entitlements (SAVE) system is used to validate the immigration status of eligible non-citizen applicants for certain programs, and for enrollees who report a change in immigration status.

SAVE is an information-sharing initiative that allows authorized staff to validate a non-citizen’s immigration status by accessing BCIS data. The BCIS will protect people’s privacy to the maximum degree possible, in accordance with the Immigration and Nationality Act and other applicable statutes. No consent for release of information is required to use SAVE.

Use SAVE to validate the non-citizen status of eligible non-citizen applicants and of enrollees who report a status change for the following health care programs:

• MA. This includes state-funded MA (program NM), except for undocumented and non-immigrant people receiving services from the Center for Victims of Torture (CVT) or undocumented/non-immigrant pregnant women. • Refugee Medical Assistance (RMA). • GAMC. • MinnesotaCare for families with children.

Do NOT use SAVE for the following programs:

• EMA. • State-funded MA (program NM) for people whose eligibility is based solely on receipt of services from the Center for Victims of Torture (CVT) or who are undocumented/non-immigrant pregnant women. • MinnesotaCare for adults without children.

SAVE does not determine eligibility for health care programs or provide information unrelated to a person’s immigration status. It does not replace the requirement for non-citizens to provide verification of their immigration status. It is not a reporting mechanism. The BCIS cannot use information provided to workers by SAVE for the purpose of administrative (non-criminal) enforcement of immigration laws.

To use SAVE for applicants:

1. Request verification of immigration status if required for the programs(s) for which the person is applying. See §0906.03.11 (Verification of Immigration Status). 2. Determine eligibility for the appropriate program(s). 3. If the non-citizen applicant submits required documentation of immigration status and has verified eligibility for the program, submit to SAVE through the Automated Status Verification System (ASVS). Do not delay or deny approval pending SAVE primary or secondary verification if the applicant is eligible based on the documentation provided.

To use SAVE for enrollees who report a change in immigration status:

1. Request verification of the new status.

2. Redetermine eligibility based on the new status.

3. If the non-citizen submits verification and remains eligible, submit through ASVS. Do not reduce or terminate coverage pending SAVE verification.

4. If the non-citizen is no longer eligible based on verification provided, do not submit to SAVE. Consider eligibility for other programs.

Do NOT use SAVE:

• When the immigration status claimed and the BCIS documentation provided by the applicant/enrollee cause ineligibility for the programs applied for, and the applicant/enrollee does not claim a different status. • When the applicant or enrollee is ineligible for other reasons, such as income, assets or other coverage. • For people who are not requesting coverage for themselves. • When people withdraw their applications before SAVE validation has occurred.

See TEMP Manual TE02.12.19 (SAVE System) and TE02.12.20 (SAVE Secondary Responses).

MinnesotaCare:

Follow general provisions for families with children. Do not use SAVE for adults without children.

MA:

Follow general provisions. Do not use SAVE for EMA.

GAMC:

Follow general provisions.

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LAWFUL PERMANENT RESIDENTS 0906.03.11.03

Lawful Permanent Residents (LPRs) are people admitted to the U.S. as permanent residents under the Immigration and Naturalization Act (INA). They have permission to work in the U.S. and may travel abroad and return if they do not abandon their U.S. residence. They may apply for citizenship after living in the U.S. for 5 years.

Determine eligibility for LPRs according to the date of entry. LPRs who entered the U.S. before 8-22-96 are eligible for federal funding (MA program MA or MinnesotaCare program LL or FF) if they meet the other requirements of those programs. See §0906.03.03.03 (Qualified Non-Citizens--Program Provisions) and §0906.03.13 (MinnesotaCare Major Programs). This includes people who were lawfully present in the U.S. before 8-22-96 who adjusted to LPR status on or after 8-22-96. See §0906.03.03.05 (Qualified Non-citizens/Status Adjustment).

LPRs who entered the U.S. on or after 8-22-96 are ineligible for federal funding for 5 years after the date of entry. They may be eligible for state-funded MA (program NM) or state-funded MinnesotaCare (programs KK, BB, or JJ depending on income and family status). See §0906.03.05 (Non-Citizens Ineligible for Federal Funding) and §0906.13 (MinnesotaCare Major Programs). They are eligible for federal funding after residing in the U. S. for 5 years.

Require one of the following forms of verification of LPR status:

USCIS form I-151 or I-551 (green card).

Reentry permit (Form I-327).

Foreign passport showing evidence of LPR status (temporary I-551 stamp).

USCIS Form I-94.

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REFUGEES 0906.03.11.05

Refugees have permission to enter and live in the U.S. because of a well-founded fear of persecution in their home countries due to race, religion, membership in a particular social group, or due to political opinion. Refugee status is granted before the person enters the U.S.

Refugees are eligible for federal funding (MA program MA or MinnesotaCare program LL or FF). See §0906.03.03.03 (Qualified Non-Citizens--Program Provisions) and §0906.03.13 (MinnesotaCare Major Programs). Consider people originally admitted as refugees who later adjust to LPR status to be refugees for 7 years from the date of entry. See §0906.03.03.05 (Qualified Non-Citizens/Status Adjustment).

Require one of the following forms of verification of refugee status:

• USCIS Form I-94 showing entry as a refugee and date of entry.

• USCIS Form I-688B annotated 274a.12(a)(3). • USCIS Form I-766 annotated A3. • USCIS Form I-571.

Consider eligibility for Refugee Medical Assistance (RMA) for refugees in their first 8 months in the U.S. who do not meet an MA basis of eligibility. RMA is also available to asylees, trafficking victims, Cuban/Haitian entrants and Amerasian immigrants who do not meet an MA basis. See §0907.21.13 (MA Basis--RMA).

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ASYLEES/DEPORTATION WITHHELD 0906.03.11.07

Asylees are granted permission to remain in the U.S. because of fear of persecution in the home country due to race, religion, nationality, membership in a particular social group, or political opinion. Asylee status is granted to people already present in the U.S.

People who have been granted asylum are eligible for federal funding (MA program M or MinnesotaCare program L or F) regardless of date of entry. See §0906.03.03.03 (Qualified Non-Citizens--Program Provisions) and §0906.03.13 (MinnesotaCare Major Programs). Consider people originally admitted as asylees who later adjust to LPR status to be asylees for 7 years from the date asylum is granted. See §0906.03.03.05 (Qualified Non-Citizens/Status Adjustment.

Require one of the following forms of verification of asylee status:

• USCIS Form I-94 annotated with a stamp showing a grant of asylum. • Grant letter from the Asylum Office of the USCIS. • USCIS Form I-688B annotated 274a.12(a)(5). • USCIS Form I-766 annotated A5. • Order from an Immigration Judge granting asylum.

People whose deportation has been withheld have a similar status to asylees. The USCIS withholds deportation because of a threat to life or freedom in the person’s home country due to race, religion, nationality, membership in a particular social group, or political opinion.

People whose deportation has been withheld have the same eligibility status as asylees. Consider people whose deportation was withheld who later adjust to LPR status to have deportation withheld status for 7 years from the date that status was granted.

Require one of the following forms of verification for people whose deportation is withheld:

• Order from an Immigration Judge showing the date of a grant of deportation withheld under section 243(h) of the Immigration and Naturalization Act. • USCIS Form I-688B annotated 274a.12(a)(10). • USCIS Form I-766 annotated A10. • I-94 stamped Withholding of Deportation.

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CONDITIONAL ENTRANTS 0906.03.11.09

Conditional entrants are granted conditional entry into the U.S. because of fear of persecution in the home country due to race, religion, political opinion, or because of a natural catastrophe.

Conditional entrants are eligible for federal funding (MA program MA, MinnesotaCare programs LL, or FF). See §0906.03.03.03 (Qualified Non-Citizens--Program Provisions) and §0906.03.13 (MinnesotaCare Major Programs).

All conditional entrants entered the U.S. before 1981, when the federal government stopped using this status. While many conditional entrants have adjusted to LPR status, some retain their original status.

Require one of the following forms of verification of conditional entrant status:

• USCIS Form I-94 with stamp showing admission under section 203(a)(7) of the INA or refugee-conditional entry. • USCIS Form I-688B annotated 274a.12(a)(3). • USCIS Form I-766 annotated A3.

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PAROLED FOR AT LEAST ONE YEAR 0906.03.11.11

People who have been paroled into the U.S. for at least one year have authorization to remain in the U.S. for an indefinite temporary period of at least one year at the discretion of the Attorney General. Parole is granted for emergency reasons, such as to receive medical care or for other reasons deemed to be in the public interest.

People paroled for at least one year who entered the U.S. before 8-22-96 are eligible for federal funding (MA program MA or MinnesotaCare programs LL or FF). People paroled for at least one year who entered on or after 8-22-96 and have resided in the U.S. for less than 5 years are eligible for state funding (MA program NM, MinnesotaCare programs BB, JJ, KK, or GAMC) if they meet all other program requirements. They are eligible for federal funding after residing in the U.S. for 5 years.

See §0906.03.11.23 (Other Lawfully Residing) for information on people granted parole for less than one year.

Acceptable verification includes form I-94 with a stamp showing parole granted for at least one year under Section 212(d)(5) of the USCIS. The I-94 may be stamped PIP or HP.

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BATTERED IMMIGRANTS 0906.03.11.13

Battered immigrants are defined as immigrants or their spouses or children who have been battered or subjected to extreme cruelty in the U.S. by a family member residing in the same household.

Battered immigrants and their spouses and children who entered the U.S. before 8-22-96 are eligible for federal funding (MA program MA, MinnesotaCare programs LL, or FF). See §0906.03.03.03 (Qualified Non-Citizens--Program Provisions) and §0906.03.13 (MinnesotaCare Major Programs).

Battered immigrants and their spouses and children who entered the U.S. on or after

8-22-96 are eligible for state funding for the first 5 years of U.S. residence if they meet all other program requirements (MA program NM or MinnesotaCare programs KK, JJ, BB). They are eligible for federal funding after residing in the U.S. for 5 years.

See §0906.03.07.05 (Substantial Connection--Battery) for information on verifying battered status.

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CUBAN/HAITIAN ENTRANTS 0906.03.11.15

Certain immigrants from Cuba and Haiti have special status as Cuban or Haitian entrants. Not all people from Cuba or Haiti have this status. Some are admitted under other statuses, such as refugee or LPR. Cuban and Haitian entrants are those who are paroled, who are the subject of exclusion or removal proceedings, or who have an application for asylum pending.

Cuban and Haitian entrants are eligible for federal funding (MA program MA, MinnesotaCare programs LL, or FF) regardless of date of entry. See §0906.03.03.03 (Qualified Non-Citizens--Program Provisions) and §0906.03.13 (MinnesotaCare Major Programs).

Require one of the following forms of documentation of Cuban/Haitian entrant status:

• USCIS Form 551 with codes CU6, CU7, or CH6. • Unexpired temporary I-551 stamp in foreign passport or USCIS Form I-94 with codes CU6 or CU7. • USCIS Form I-94 with stamp showing paroled as Cuban/Haitian Entrant under Section 212 (d) (5) of the INA.

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AMERASIAN IMMIGRANTS 0906.03.11.17

Amerasians born in Vietnam between 1-1-62 and 1-1-76 are eligible for immigrant visas if the father was a U.S. citizen. Amerasians are eligible for federal funding (MA program M, MinnesotaCare program L, or MinnesotaCare program F) regardless of date of entry. See §0906.03.03.03 (Qualified Non-Citizens--Program Provisions) and §0906.03.13 (MinnesotaCare Major Programs).

Require one of the following forms of verification of Amerasian status:

USCIS Form 551 with codes AM6, AM7, or AM8.

Unexpired temporary I-551 stamp in foreign passport or on USCIS Form I-94 with the code AM1, AM2, or AM3.

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VETERANS AND ACTIVE DUTY STATUS 0906.03.11.19

Honorably discharged non-U.S. citizen veterans of the U.S. armed forces or non-citizens on active duty in the U.S. armed forces are eligible for federal funding (MA program MA, MinnesotaCare programs LL, or FF) regardless of date of entry. See §0906.03.03.03 (Qualified Non-Citizens--Program Provisions) and §0906.03.13 (MinnesotaCare Major Programs). This includes spouses and unmarried dependent children of honorably discharged veterans or active duty personnel. It does not include National Guard service.

Require one of the following forms of verification of active duty or veteran status:

• Original or notarized copy of discharge papers. • Original or notarized copy of current orders showing full-time duty in the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard. • Military identification card.

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AMERICAN INDIANS BORN IN CANADA 0906.03.11.21

American Indians born in Canada are eligible under the same conditions as U.S. citizens. To qualify under this status, each individual, including spouses and biological or adopted children, must have at least 50% American Indian blood.

EXAMPLE:

Joe was born in Canada. He has 50% American Indian blood. His wife is a Canadian citizen with no American Indian blood. Their biological child has 25% American Indian blood. Their adopted child has 50% American Indian blood. Joe and his adopted child are considered to be American Indians born in Canada. Joe’s wife and their biological child do not have this status.

Require one of the following forms of verification for American Indians born in Canada:

• Birth or baptismal certificate issued on a reservation. • Tribal records. • Letter from the Canadian Department of Indian Affairs. • School records.

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OTHER LAWFULLY RESIDING 0906.03.11.23

The following groups of people are lawfully residing in the U.S. on a temporary basis. They are eligible for state funding (MA program NM and MinnesotaCare programs KK, JJ, and BB) if they meet other program requirements.

• Deferred Enforced Departure status was granted to some Salvadorans by executive authorization of the President. People with this status are authorized to remain in the U.S. with employment authorization. Acceptable forms of verification include form I-688B and I-94 indicating Deferred Enforced Departure status. • Family Unity Beneficiary status provides protection from deportation and employment authorization to the spouses and children of non-citizens who obtained legal status under the Immigration Reform and Control Act of 1986 (IRCA). Acceptable forms of verification include form I-797, I-688B, and I-94 indicating Family Unity status. • Lawful Temporary Residents (LTRs) are people who had resided in the U.S. unlawfully since before 1-1-82 who were allowed to legalize their status. Acceptable forms of verification include form I-688B and I-94 indicating LTR status. • Temporary Protected Status (TPS) are people living in the U.S. who are from certain designated countries where unsafe conditions would make it a hardship for them to return. They are authorized to remain in the U.S. for a specified period of time. Acceptable forms of verification include form I-688B or I-94 indicating Temporary Protected status. • Applicants for Asylum or Withholding of Deportation are allowed to remain in the U.S. with employment authorized while their applications for asylee status are pending with the USCIS. Acceptable forms of verification include form I-688B and I-94 indicating the person is an applicant for asylum. • Individuals paroled for less than 1 year have been granted authorization to remain in the U.S. for emergency reasons such as to received medical care or other reasons in the public interest. This status is granted by the U.S. Attorney General. • People with pending immigration status: The following groups are considered to be lawfully residing in the United States while their applications are still begin processed.
- The spouse or child of a U.S. citizen whose visa petition has been approved and who has a
pending application for adjustment of status to LPR.

Acceptable forms of documentation include:

• Form I-94 with a stamp displaying a grant of parole under Section 212(d)(5) of the INA. The I-94 may be stamped PIP or HP. • Form I-688B. • Form I-512 Parole Authorization annotated with the reason parole was granted under section 8 CFR.

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TRAFFICKING VICTIMS 0906.03.11.25

A non-citizen who is forced into the international sex trade, prostitution, slavery and forced labor through coercion, threats of physical violence, psychological abuse, torture and imprisonment is a victim of severe forms of trafficking. People who are certified as trafficking victims are eligible for federal funding if they meet all other program requirements. Trafficking victims who do not meet an MA basis may be eligible for RMA for their first 8 months in the U.S. See §0907.21.13 (MA Basis: Refugee Medical Assistance-RMA).

The Office of Refugee Resettlement (ORR) of the U.S. Department of Health and Human Services (HHS) issues certification letters for adults who meet the requirements for certification as trafficking victims. The ORR issues similar confirmation letters for children under age 18. The letters include an initial eligibility date and an expiration date 8 months later. ORR will issue follow up certification letters for people who continue to meet the requirements for certification as victims of trafficking after the initial 8 month period.

Require the ORR letter as verification of trafficking victim status. Also call the trafficking verification line at 202-401-5510 to confirm the validity of the claim as shown on the letter. Do not require any other USCIS documentation.

If an applicant appears to meet the criteria for certification as a trafficking victim but does not have a letter from ORR, call the following numbers:

Adults:

202-401-4561

202-401-5702

Children under age 18:

202-420-4732

Or contact the DHS Refugee Services Section at 651-282-9817.

See the Combined Manual and TEMP TE02.05.88 (Trafficking Victims Q&A) for additional background.

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MICRONESIANS/MARSHALL ISLANDERS 0906.03.11.27

The U.S. Government has agreements with the trust territories of Micronesia and the Marshall Islands which grant special status to citizens of those territories. Citizens of Micronesia and the Marshall Islands may live and work permanently in the U.S. They are considered non-immigrants and are not eligible for federal funding. They are eligible for the state-funded health care programs if they meet all other eligibility requirements.

Do not require citizens of Micronesia or the Marshall Islands to work with the USCIS to adjust their status. Status adjustment is not possible.

Require verification of Micronesian or Marshall Islands citizenship, such as:

• Micronesian or Marshall Islands passport • I-94 or other USCIS documents indicating the person was admitted as a citizen of Micronesia or the Marshall Islands.

MinnesotaCare:

Citizens of Micronesia or the Marshall Islands are eligible for the state-funded programs (MMIS codes KK, BB or JJ) if they meet all other eligibility requirements.

MA:

Citizens of Micronesia or the Marshall Islands are eligible for state-funded MA (MMIS code NM) if they meet all other eligibility requirements.

GAMC:

Citizens of Micronesia or the Marshall Islands who do not meet an MA basis of eligibility are eligible for GAMC if they meet all other eligibility requirements.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

MINNESOTACARE MAJOR PROGRAMS 0906.03.13

MinnesotaCare:

The MMIS system uses 6 major program codes for MinnesotaCare enrollees. These codes are used to determine the correct benefit set for the enrollee and whether DHS can collect FFP.

The major program depends on age, pregnancy, income, and immigration status.

Use program LL (full MA benefits with FFP) for people who are under age 21 or pregnant and who are:

• U.S. citizens • Qualified non-citizens with the following immigration statuses, regardless of date of entry into the U.S.:
• U.S. veterans or on active duty with the U.S. forces. See §0906.03.11.19. • American Indian born in Canada. See §0906.03.11.21. • Refugee. See §0906.03.11.05. • Asylee. See §0906.03.11.07. • Deportation withheld under section 243(h) of the INA. See §0906.03.11.07. • Cuban or Haitian entrant. See §0906.03.11.15. • Amerasian. See §0906.03.11.17.
• Qualified non-citizens who entered the U.S. before 8-22-96 with the following immigration statuses:
• Lawful permanent resident (LPR). See §0906.03.11.03. • Paroled for more than one year. See §0906.03.11.11. • Conditional entrant. See §0906.03.11.09. See §0906.03.03.05 (Qualified Non-Citizens/Status Adjustment) if conditional entrants adjust to LPR status on or after 8-22-96. • Battered non-citizen or child of battered non-citizen. See §0906.03.11.13.

Use Program KK (full MA benefits without FFP) for people who are under age 21 or pregnant and who entered the U.S. on or after 8-22-96 with the following immigration statuses:

• Lawful permanent resident (LPR). See §0906.03.11.03. • Paroled for more than one year. See §0906.03.11.11. • Conditional entrant. See §0906.03.11.09. See §0906.03.03.05 (Qualified Non-Citizens/Status Adjustment) if conditional entrants adjust to LPR status on or after 8-22-96. • Battered non-citizen or child of battered non-citizen. See §0906.03.11.13.

Use Program KK (full MA benefits without FFP) for people who are under age 21 or pregnant and who have the following immigration statuses regardless of date of entry:

• Deferred Enforced Departure. • Entered the U.S. before 1-1-72 and has maintained continuous residence under Section 249 of the INA. • Family Unity Beneficiary. • Lawful Temporary Resident (LTR). • Temporary Protected. • Applicant for asylum. • Paroled for less than one year.

See §0906.03.11.23 (Other Lawfully Residing) for more information.

Use Program BB for all adults who are not parents and who have family income equal to or less than 175% FPG. Some people may be ineligible due to citizenship or residency. See §0906.03.09 (Undocumented and Non-Immigrant People) and §0906.05 (State Residence). Use program BB with eligibility type M1 and a G indicator on the RIMG screen for adults without children with incomes equal to or less than 75% FPG. Use program BB with eligibility type M3 and "1" or "2" income indicator on the RIMG screen for adults without children with incomes greater than 75% FPG but no more than 175% FPG. These enrollees are eligible for the MinnesotaCare Limited Benefit (MLB) set.

Use program FF (with FFP) for parents and relative caretakers who are not pregnant, have income at or under 275% FPG, and who:

• Are U.S. citizens. • Have one of the following immigration statuses regardless of date of entry:
• U.S. veterans or on active duty with the U.S. forces. See §0906.03.11.19. • American Indian born in Canada. See §0906.03.11.21. • Refugee. See §0906.03.11.05. • Asylee. See §0906.03.11.07. • Deportation withheld under section 243(h) of the INA. See §0906.03.11.07. • Cuban or Haitian entrant. See §0906.03.11.15. • Amerasian. See §0906.03.11.17.
• Have one of the following immigration statuses with date of entry before 8-22-96:
• Lawful permanent resident (LPR). See §0906.03.11.03. • Paroled for more than 1 year. See §0906.03.11.11. • Conditional entrant. See §0906.03.11.09. See §0906.03.03.05 (Qualified Non-Citizens/Status Adjustment) if conditional entrants adjust to LPR status on or after 8-22-96. • Battered non-citizen or child of battered non-citizen. See §0906.03.11.13.

Program FF adults with incomes less than or equal to 175% FPG have restorative dental with a 50% co-payment and no inpatient hospital co-payment or cap. Program FF adults with incomes over 175% FPG but equal to or less than 275% FPG have restorative dental with no co-pay and a $10,000 inpatient hospital cap. They do not have an inpatient hospital co-payment.

Use program JJ (no FFP) for the following adults with incomes equal to or less than 275% FPG:

• All legal guardians and foster parents. • Non-citizen parents and relative caretakers with 1 of the following immigration statuses and date of entry on or after 8/22/96:
• Lawful permanent resident (LPR). See §0906.03.11.03. • Paroled for more than 1 year. See §0906.03.11.11. • Conditional entrant. See §0906.03.11.09. See §0906.03.03.05 (Qualified Non-Citizens/Status Adjustment) if conditional entrants adjust to LPR status on or after 8-22-96. • Battered non-citizen or child of battered non-citizen. See §0906.03.11.13.
• Non-citizen parents and relative caretakers with 1 of the following immigration statuses regardless of date of entry. See §0906.03.11.23 (Other Lawfully Residing) for more information on the following statuses:
• Deferred enforced departure. • Continuously present since before 1/1/72 under Section 249 of the INA. • Family Unity Beneficiary. • Lawful Temporary Resident. • Temporary Protected. • Applicant for Asylum. • Paroled for less than one year. • People with pending immigration status.

Program JJ adults with incomes less than or equal to 175% FPG have restorative dental with a 50% co-pay and no inpatient hospital co-payment or cap. Program JJ adults with incomes over 175% FPG but equal to or less than 275% FPG have restorative dental with no co-pay and a $10,000 inpatient hospital cap. They do not have an inpatient hospital co-payment.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

STATE RESIDENCE 0906.05

All of the health care programs have some requirements governing people’s Minnesota residence. Residency requirements differ between federal and state-funded health care programs.

Residency rules for MinnesotaCare for families, children and pregnant women follow the federal rules governing the MA program. MA has specific rules governing interstate responsibility in some circumstances. See §0906.05.03 (State Residence--MinnesotaCare Families, MA).

Residency rules for MinnesotaCare adults without children follow state law. Adults without children must live in Minnesota for at least 180 days before becoming eligible for MinnesotaCare. The Prescription Drug Program follows these rules for adults without children. See §0906.05.05 (State Residence--MinnesotaCare Adults) and §0906.05.03.03 (State Residence--Prescription Drug).

Residency rules for GAMC follow state law. Most applicants must live in Minnesota for at least 30 days before becoming eligible for GAMC. See §0906.05.07 (State Residence--GAMC).

MA and GAMC also have provisions governing people’s county residency. Although county residence does not affect eligibility, it determines which county is financially responsible for the program administrative costs and which county services the case. See the following sections for information on county residence:

§0906.07 County Residence.

§0906.07.03 County Residence--Transfers.

§0906.07.05 Excluded Time.

Residence in certain types of institutions may affect eligibility. See §0906.09 (Institutional Residence--MinnesotaCare) and §0906.09.01 (Institutional Residence--MA/GAMC).

Generally, people establish Minnesota residence by being physically present in the state, residing here voluntarily, and not maintaining a home elsewhere. See the program specific sections for other ways people can establish residence.

People lose Minnesota residence when they physically leave the state with the intention of living elsewhere. People do not lose residence when they are absent from the state temporarily. Also see §0908.13 (Temporary Absence--MinnesotaCare - Part 1).

In some cases, people may maintain Minnesota residency while living in another state or country. Examples include students and people working overseas. To determine whether people maintain Minnesota residency, consider factors such as:

• Whether the person or family lived in Minnesota before going to the other state or country.• Whether the person or family intends to return to Minnesota when the purpose of the temporary absence ends. There is no specific time limit on absences.• Whether the other state or country considers the person or family to be permanent residents.• Whether the person or family maintains evidence of continued Minnesota residence, such as drivers license and vehicle registration, payment of Minnesota state income taxes, or voting in Minnesota by absentee ballot.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

STATE RESIDENCE -- MINNESOTACARE FAMILIES, MA 0906.05.03

People who are subject to the federal Medicaid residency rules must be Minnesota residents and intend to remain in Minnesota. This includes all MA applicants and enrollees and MinnesotaCare families, children and pregnant women. Except for Emergency MA, non-citizens must have a status that qualifies them for either state or federally funded MA (program MA or NM) or MinnesotaCare (program LL, KK or FF). See the following sections:

§0906.03.03 (Qualified Non-Citizens)

§0906.03.05 (Non-Citizens Ineligible for Federal Funding)

§0906.03.09 (Undocumented and Non-Immigrant People)

§0906.03.13 (MinnesotaCare Major Programs)

§0907.29 (Emergency MA-EMA)

Do not require a fixed or permanent address. For citizens and non-citizens with eligible status, accept applicants’ and enrollees’ statements regarding their intent to remain. If residence is unclear, ask for additional information such as:

• Whether the person continues to maintain a home outside of Minnesota. • Where the person receives mail. • Where the person keeps most personal possessions. • Where the person is registered to vote. • The address on the person’s drivers license or ID card.

Evaluate the information to determine the person’s residence. Do not require verification.

EXAMPLE:

Monica is pregnant. She recently moved to Minnesota from Iowa and is staying in a motel while she looks for an apartment. She states on the application that she plans to remain in Minnesota. She gave up her apartment in Iowa and has applied for a Minnesota drivers license. Monica meets the state residence requirement for MA and for MinnesotaCare for pregnant women and families and children.

EXAMPLE:

George, age 20, left his job in Wisconsin to stay with his mother in Minnesota, who is recovering from surgery. He is unsure how long he will stay at his mother’s home. His mail is forwarded to her address. He plans to return to Wisconsin, where he rents a room from a friend, when his mother recovers. George does not meet the state residence requirement for MinnesotaCare because he maintains a home elsewhere and does not intend to remain in Minnesota.

The state of residence for non-institutionalized people who entered the state to work or seek employment (whether or not they are currently employed) is the state where they live when they apply. Consider agricultural workers and people traveling as part of a family who are in Minnesota as agricultural workers to be residents while they are working or intending to work in agriculturally-related jobs in Minnesota, regardless of whether they intend to remain. They may maintain a home in another state.

See §0906.05 (State Residence) for information on Minnesota residents temporarily residing outside the state.

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MinnesotaCare:

Follow general provisions.

M.S. 256L.09 Subd. 2, 4, 5

MA:

Follow general provisions except for the following special circumstances:

• Consider children receiving Title IV-E foster care or Title IV-E adoption assistance to be residents of the state in which they currently reside, even if placed by another state. Foster children placed in Minnesota by an agent of another state become Minnesota’s responsibility if the placement is funded by Title IV-E. Minnesota foster children funded by Title IV-E and placed in another state become the new state’s responsibility. See §0907.19.03.03 (MA Basis: Children in Foster Care). • Children receiving adoption assistance funded by Title IV-E are residents of the state where they reside. Title IV-E adoption assistance children who move from Minnesota to another state become the new state’s responsibility. Title IV-E adoption assistance children who move to Minnesota from another state become Minnesota’s responsibility. • Consider children who live in Minnesota and receive non-Title IV-E adoption assistance to be residents of Minnesota even if the adoption assistance is funded by another state. Consider children who receive state funded adoption assistance from Minnesota who move to another state to remain Minnesota residents unless the new state accepts responsibility. • Under federal law, states have the option of accepting financial responsibility for state adoption assistance children from other states. Minnesota selected this option. State adoption assistance children who move to Minnesota from another state become the financial responsibility of Minnesota. State adoption assistance children who move from Minnesota to another state become the responsibility of the new state if that state has chosen the federal option. If the new state does not accept financial responsibility, the child remains Minnesota’s responsibility. See §0907.19.03.05 (MA Basis: Adoption Assistance). • Consider children who receive non-Title IV-E foster care who are placed in Minnesota under the Interstate Compact to be residents of the placing state. These children are not eligible for MA in Minnesota. The placing state remains responsible for the cost of the child’s medical care. Non-Title IV-E foster children placed in other states by Minnesota remain Minnesota’s responsibility. • Consider the state of residence for institutionalized people under 21 or institutionalized people who became incapable of showing intent before age 21 to be:
• The current state of residence of the parent filing the application. OR • The current state of residence of the legal guardian filing the application if parental rights were terminated after the placement. OR • The state where the person is institutionalized if the person has been abandoned by his/her parents, does not have a legal guardian, and has not been placed by an agent of another state.
• Consider the state of residence for institutionalized people who became incapable of showing intent at or after age 21 to be the state where they are physically present at the time they apply unless they were placed in the institution by another state.

In all other cases, Minnesota residents placed directly into out-of-state facilities by agents of the state remain Minnesota residents. People placed in Minnesota facilities by agents of other states remain residents of the placing state.

Making a placement includes any action that leads to placement EXCEPT:

• Providing information about another state's assistance programs or the availability of services or facilities in another state. • Helping a person locate services or a facility in another state if that person is capable of showing intent and independently decides to move there.

See §0906.07.05 (Excluded Time) for special provisions for people who enter Minnesota nursing facilities from North Dakota or the reverse.

People do not meet state residency requirements until they enter the state. Eligibility does not begin until people meet state residency. People who do not meet state residency requirements on the 1st of the month of application are eligible on the date they become state residents. Eligibility is not retroactive to the beginning of the month. Enter the date of eligibility in both MAXIS and MMIS.

If an applicant wants MA to begin in Minnesota before the former state is able to close medical coverage, have the applicant provide a written statement asking the former state to close the case effective the date the applicant moved. Send a copy to the other state. Ask the applicant to turn over any MA cards from the other state for any period that MA will be open in Minnesota. Ask the other state to suppress payment beginning with the date you approve MA.

GAMC:

See §0906.05.07 (State Residence--GAMC).

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

STATE RESIDENCE -- SENIOR DRUG 0906.05.03.03

MinnesotaCare:

See §0906.05.03 (State Residence--MinnesotaCare Families, MA) and §0906.05.05 (State Residence--MinnesotaCare Adults).

MA:

For the Prescription Drug Program only, people must meet the same residency requirements as MinnesotaCare adults unless they have children under 21 living with them. See §0906.05.05 (State Residence--MinnesotaCare Adults).

Deny applications from people who will not meet the 180-day residence requirement within 30 days of the date of application. Pend applications from people who will meet the residence requirements within 30 days. See §0907.21.09.11 (Medicare Supplement Programs: PDP).

See §0906.05.03 (State Residence--MinnesotaCare Families, MA) for all other MA cases.

GAMC:

See §0906.05.07 (State Residence--GAMC).

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

STATE RESIDENCE -- MINNESOTACARE ADULTS 0906.05.05

MinnesotaCare:

To meet state residence requirements, adults without children must:

• Maintain a fixed address at a place other than a place of public accommodation, such as a shelter.
AND
• Live continuously in the state for at least 180 days immediately before becoming eligible. AND • Intend to live in Minnesota permanently. AND • Not have moved to Minnesota for the primary purpose of obtaining medical care.

Accept applicants’ statements on the application regarding the length of state residency and intent to remain permanently. Request additional information if needed. Also consider citizenship and immigration status as it relates to permanent residency. See §0906.03.09 (Undocumented and Non-Immigrant People).

Consider citizenship and immigration status to the extent it affects the applicant’s ability to remain in Minnesota permanently. Most non-immigrants are not authorized to remain in the U.S. permanently and cannot establish Minnesota residence. Non-immigrants with one of the statuses listed as Other Lawfully Residing may establish residency. See §0906.03.11.23 (Other Lawfully Residing) and §0906.03.09 (Undocumented and Non-Immigrant People).

EXAMPLE:

Monica is a single woman. She has no children and is not pregnant. She moved to Minnesota last month from Iowa and is staying at a shelter while she looks for an apartment. She has found a job and plans to remain here permanently. Monica is ineligible for MinnesotaCare for adults without children because she has lived in the state for less than 180 days and lives in a place of public accommodation. Advise Monica that she may be eligible 180 days after the date she moved to Minnesota if she has found a permanent residence.

EXAMPLE:

Jorge is a foreign student. He has lived in Minnesota for 2 years while attending college. He expects to graduate in 2 years and will then seek employment. He states he hopes to find work somewhere in the United States. He has a SSN and is in the U.S. legally on a temporary student visa. Jorge is ineligible for MinnesotaCare for adults without children because his student status and visa do not demonstrate permanent Minnesota residence.

Several months later Jorge applies for asylum and submits verification that his USCIS status is now Applicant for Asylum. Reevaluate his eligibility.

EXAMPLE:

Angela, age 22, just graduated from college in Minnesota. She has lived in an apartment near the college for the last year, but the college considered her legal residence to be her parents’ home in North Dakota. She has a Minnesota drivers license and is remaining in her Minnesota apartment while looking for work here. Angela meets the state residency requirements for MinnesotaCare for adults without children. She has lived in the state for over 180 days and has demonstrated her intent to remain permanently.

People may be temporarily absent from the state for reasons such as school attendance, employment, or vacation without losing Minnesota residence. See §0908.13 (Temporary Absence--MinnesotaCare - Part 1). People who leave the state and establish residency elsewhere lose Minnesota residency.

M.S. 256.9359

MA:

See §0906.05.03 (State Residence--MinnesotaCare Families, MA).

GAMC:

See §0906.05.07 (State Residence--GAMC).

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

STATE RESIDENCE -- GAMC 0906.05.07

MinnesotaCare:

See §0906.05.03 (State Residence--MinnesotaCare Families, MA) and §0906.05.05 (State Residence--MinnesotaCare Adults).

MA:

See §0906.05.03 (State Residence--MinnesotaCare Families, MA).

GAMC:

To establish state residency for GAMC, a person must have lived in Minnesota for at least 30 days with the intent of establishing a home. A stay in a battered woman’s shelter counts toward the 30 days if the person intends to establish a home in Minnesota after leaving the shelter.

Do not apply the 30-day residency requirement if:

• A household member has a medical emergency meeting the definition in §0907.29 (Emergency MA-EMA). Although there is no emergency program under GAMC, people who are eligible for regular GAMC and have an emergency may be approved before the 30-day period is up. • The county waives the 30-day residency requirement for GA. Waive the GAMC requirement as well. • A household member is a migrant worker who verifies that the household worked and earned at least $1,000 in Minnesota within 12 months preceding the month of application. The $1,000 may have been earned from sources other than migrant work.

Do not deny GAMC solely because the client has not yet resided in Minnesota for 30 days. Pend the individual until residency is established or until you can establish eligibility or ineligibility.

Except for residents of battered women’s shelters, an applicant who indicates an out-of-state residence or who lives in an excluded time facility is not a state resident if she/he indicates intent to leave Minnesota within 30 days from the date of application. See §0906.07.05 (Excluded Time).

Verify state residency for GAMC. Verify intent to establish a home ONLY if questionable.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

COUNTY RESIDENCE 0906.07

MinnesotaCare:

No provisions.

MA/GAMC:

People cannot be covered on MA or GAMC in more than one Minnesota county in the same month. The county of financial responsibility is the county that pays for the county share of the MA or GAMC administrative costs. The county where the client lives, also called the servicing county, is in most cases the county that maintains the case record and has direct contact with the client. The county of financial responsibility may or may not be the same as the servicing county.

The county of financial responsibility for applicants is the county in which they live on the day they submit a signed and dated request for assistance unless:

• They live in an excluded time facility or receive excluded time services. For people in excluded time, the county of financial responsibility is the county in which they lived immediately before entering the facility or beginning to receive the services. If they moved directly into an excluded time facility from another state with the intent of making Minnesota their home, they are residents of the county in which the facility is located. See §0906.07.05 (Excluded Time). • They reapply within 30 days of being terminated from MA or GAMC. When MA or GAMC ends in one county and a client reapplies in another county within 30 days after termination, the former county remains financially responsible until the client lives in the new county in a non-excluded residence for two full calendar months.

If MA or GAMC has been terminated for more than 30 days, the new county is financially responsible even if the applicant requests retroactive coverage.

If people submit an application in one county and move to another county before the first county acts on the application, the first county is financially responsible until the applicant(s) has lived in the new county for two full calendar months, unless the applicant is not eligible for any period before the date of the move to the second county. Do not deny applications your county receives because the applicant moves to another county.

Complete as much work as possible before transferring the application to the new county. If you have not yet reviewed the application or the applicant has not yet submitted all required information, transfer the application and instruct the applicant to return the information to the new county.

EXAMPLE:

Sheila submits a HCAPP to County A on April 10. County A reviews the application and provides a list of information needed to process the application. Sheila calls on April 25 to report she moved to County B on April 20. She has not yet submitted the required information. County A transfers the application to County B for processing and instructs Sheila to submit the required information to County B. On May 10, County B determines that Sheila is eligible for MA retroactive to March 1. County A is financially responsible until July 1.

If Sheila had submitted the required information before reporting the move, County A must process the application before transferring the active case to County B.

The Minnesota county initially financially responsible for a Title IV-E adoption assistance or state adoption assistance child is the county in which the original Findings and Order Terminating Parental Rights was signed. If the child moves to non-excluded time in another county after the adoption takes place, financial responsibility transfers to the new county after the child has lived in the new county for 2 calendar months.

See §0906.05.03 (State Residence--MinnesotaCare Families, MA) for instructions when an adoption assistance child moves to another state.

If another state remains responsible for a client in Minnesota, the county where the client lives is the servicing county. There is no county of financial responsibility since the other state remains financially responsible. See §0906.05.03 (State Residence--MinnesotaCare Families, MA) and §0906.07.05 (Excluded Time).

When people active on MA or GAMC move from one county to another county, the county of financial responsibility at the time of the move remains responsible until the household lives in non-excluded time status in the new county for 2 full calendar months. Do not count the month of the move, even if the move takes place on the 1st of the month.

EXAMPLE:

The Olson family receives MA in County A. They move to County B on March 1. County A remains responsible until June 1.

EXAMPLE:

Cecilia and her daughter receive MA in County A. They enter an excluded time facility in County B on March 12. They leave the facility on April 4 and move to non-excluded time in County C. County A remains responsible until July 1.

See §0906.07.03 (County Residence--Transfers) for information on transferring a case which is on MAXIS to another county.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

COUNTY RESIDENCE -- TRANSFERS 0906.07.03

See §0906.07 (County Residence) for general provisions relating to county residence.

MinnesotaCare:

See §0906.07.03.01 (MinnesotaCare Enrollment Site Transfers).

MA/GAMC:

Follow the procedures below to transfer an active or pending case which is on MAXIS to another county.

• For active cases, complete as much of the outstanding work on the case as possible. Note in MAXIS case notes what work was not completed and the reason. • Process an application or renewal received before the move to the extent possible. See §0906.07 (County Residence) for information on processing applications when the applicant moves to another county. • Follow the procedures in TEMP Manual TE02.07.301 (MMIS - Change in County of Residence) and TE02.08.134 (Transferring a Case to a Different County) to transfer the case to the new county of residence using MAXIS SPEC/XFER. Update appropriate MMIS screens. Only 1 county may update MMIS recipient records at any given time. • Update the address on MAXIS after completing all MMIS updates. This is particularly important to avoid managed care edits when transferring a case from a non-managed care to a managed care county. You must have the new address to transfer the case. You do not need to verify the new address. Verify the county the new address is in. Do NOT terminate or deny assistance.

Transfer the electronic case to the new county within one working day following the date you received the report of the move, or by the end of the day following the date of the move, whichever is later. Do not transfer the case until the unit has actually moved.

• Purge the physical case record using current record retention policies. Send the physical case record to the new county of residence within 5 working days after the date of the reported change or move, whichever is later. Do not transfer the physical case record until the unit has actually moved.

In cases where an applicant or enrollee moves to a new county but your county retains financial responsibility beyond the usual transfer period (such as moves to excluded time), follow the transfer procedures outlined above. You may need to keep a mini file for administrative payments, such as health care access reimbursements, cost effective health insurance premiums, and burials.

In some cases it may be appropriate for the county of financial responsibility to continue to service a case when a client resides in another county. These situations include:

• Temporary placements (less than 90 days) • Moves to battered women's shelters • Placement in RTC • Other placements where the financially responsible county continues to provide social services

Do not send a referral to the county of residence if the financially responsible county will continue to service the case.

When the transfer period ends, you will receive a DAIL message on MAXIS to update MMIS with the new county of financial responsibility.

Follow the procedures below when your county receives a transfer of an active or pending case on MAXIS due to a change in county of residence:

• Accept the case. Any issues related to electronic or paper cases received in unsatisfactory condition should be resolved at the supervisory level or above. Client service must never be interrupted during negotiations. • Verify that the transferred case address is in your county. If it is not, immediately transfer the case to the correct county and notify the sending county to transfer the physical case file to the correct county. • Check the financial responsibility begin date on MAXIS SPEC/XFER and correct it if necessary. MAXIS will automatically transfer financial responsibility on the date shown. • Update MAXIS with any new or changed information. Complete outstanding work as necessary. Update MMIS as needed. See TEMP Manual TE02.07.301 (MMIS II - Change in County of Residence).

When people receive MA or GAMC automatically with cash, the county responsible for cash is also responsible for MA or GAMC. Follow the provisions of the appropriate cash program when determining and transferring financial responsibility.

If people who receive MA or GAMC only apply for a cash program with automatic MA or GAMC in the new county, the first county remains responsible for the MA or GAMC until the end of the 2-month transfer period.

EXAMPLE:

Rufus receives MA from County A. He moves to County B on May 1. He applies for MSA in County B on May 5 and is approved on May 20. County A remains responsible until August 1.

The service delivery method may change if people move from a managed care to a non-managed care county or vice versa. In some cases people who move from one managed care county to another may need to choose a new health plan. See §0914.03.17 (Managed Care County Transfers) and TEMP Manual TE02.07.301 (MMIS II - Change in County of Residence).

Follow the transfer procedures when an individual leaves an active case in one county and joins an existing case or established a new case in another county.

EXAMPLE:

Jennifer receives MA with her mother in County A. On August 5, she moves in with her aunt in County B. Her aunt receives MA in County B. County A remains financially responsible for Jennifer’s MA until November 1.

EXAMPLE:

Marvin and Lucinda receive GAMC in County A. They separate on October 7, and Marvin moves to County B. County A remains responsible for Marvin’s GAMC until January 1.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

MINNESOTACARE ENROLLMENT SITE TRANSFERS 0906.07.03.01

MinnesotaCare:

Some county agencies are MinnesotaCare enrollment sites. People who enroll at one of these sites OR who live in an enrollment site county but choose to enroll at MinnesotaCare Operations at DHS may request to have their case transferred to the other enrollment site (from the county to MinnesotaCare Operations or MinnesotaCare Operations to the county). See §0904.03.03 (MinnesotaCare Enrollment Sites).

When a household whose MinnesotaCare case is maintained by a county enrollment site moves to a county that is not an enrollment site, transfer the case to MinnesotaCare Operations. Also transfer the case to MinnesotaCare Operations when a household maintained at a type 2 county enrollment site moves to a type 3 county and does not meet the definition of current contact.

EXAMPLE:

Joan enrolled in MinnesotaCare at her county agency, which has maintained her case. She moves to a type 3 county, which maintains cases only for households with members applying for or active on other county-administered programs. Joan is not enrolled in or applying for any programs other than MinnesotaCare. Transfer the case to MinnesotaCare Operations.

When a household whose case is maintained at a type 2 or type 3 county agency moves to another type 2 county, transfer the case to the new county unless the household specifically requests transfer to MinnesotaCare Operations.

When a client requests transfer, transfer the case within 5 working days. When a client moves, transfer the case to the new enrollment site within 5 working days after the date of the move. Transfer the case electronically on MMIS. See the MMIS User Manual for instructions. Also transfer the paper case file with the Inter-Program Transfer Form (DHS 3279). When transferring files to MinnesotaCare Operations, include only information relating to MinnesotaCare in the past 3 years. Do not transfer information on other programs.

Follow the procedures below when you receive a case from another enrollment site.

• If you are a county enrollment site, check that the new address is in your county. If it is not, immediately transfer the case to the correct county, or if that county is not an enrollment site, to MinnesotaCare Operations. If you have not yet received the paper case file, notify the sending county to send the file to the correct enrollment site. • Review the following case factors to ensure they are correct:
• Eligibility and major programs for all household members. • Case notes. • PMI numbers. • Household composition and number covered. • Residency and citizenship criteria. • Income.

If you receive a case containing errors in any of these areas, return the case to the sending enrollment site. Return the electronic case to the county or MinnesotaCare Operations ICT. See the MMIS User Manual for more information. Return the paper file including the most recent HCAPP and other documents with the Inter-Program Transfer Form (DHS 3279) marked RETURNED FOR CORRECTIONS. Note the corrections needed on the transfer form.

Resolve other issues related to electronic or paper files received in unsatisfactory condition at the supervisory level. Client service must never be interrupted during negotiations.

MA/GAMC:

See §0906.07.03 (County Residence--Transfers).

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

COUNTY FINANCIAL RESPONSIBILITY DISPUTES 0906.07.03.03

MinnesotaCare:

No provisions.

MA/GAMC:

DHS will make determinations of financial responsibility when counties do not agree. The servicing county must determine eligibility and approve coverage before requesting a determination of responsibility.

After approving MA or GAMC, refer the case to the county you believe to be responsible within 60 days. The county you believe to be responsible has 30 days to accept or reject financial responsibility. Failure to respond within 30 days makes the receiving county financially responsible. If the receiving county rejects responsibility and the sending (servicing) county disagrees, the receiving county must give DHS evidence clearly showing why it rejects financial responsibility. Send copies to the servicing county.

The servicing county has 15 days from the date it gets the evidence disputing financial responsibility to send its position and supporting evidence to DHS. If the servicing county does not submit its position, DHS will issue a binding opinion based on the evidence submitted by the county claimed to be responsible.

When an active enrollee moves to a new county and the counties disagree on whether and when financial responsibility should transfer, either county may request a determination from DHS.

Send evidence to:

Appeals and Regulations Division

Department of Human Services

444 Lafayette Road

St. Paul, Minnesota 55155-3813

Within 60 days after receiving evidence from the county claimed to be responsible, DHS will issue an order to the county it finds financially responsible. If either county disagrees with the order, it may appeal to the district court within 30 days of the order’s issuance. The county must follow the order pending the district court’s decision.

When counties send disputes to DHS within the time frames listed in this section, reimbursement from the financially responsible county starts with the date of application or eligibility. If counties send the dispute late, reimbursement begins with the submission date.

If the non-responsible county has not received federal and state reimbursement, the financially responsible county must reimburse the non-responsible county for the total amount paid. When a county receives federal and state reimbursement, the financially responsible county must pay only the county share, if any.

Counties may submit questions about financial responsibility through the HealthQuest system. However, HealthQuest does not resolve disputes between counties. Follow the procedures in this section if the counties do not agree.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

EXCLUDED TIME 0906.07.05

MinnesotaCare:

No provisions.

MA:

Certain residential facilities are considered to be excluded time facilities. Certain medical services provided in a person’s home or in a group living setting are also considered to be excluded time. When applicants live in an excluded time facility or receive excluded time services, the county they lived in immediately before entering excluded time or receiving excluded time services is financially responsible. Financial responsibility continues until the person lives outside of excluded time/services in another county for two full calendar months.

When people active on MA move to an excluded time facility or begin receiving excluded time services in another county, the first county remains financially responsible until the person has lived outside of excluded time/services in another county for two full calendar months.

EXAMPLE:

Linda files an MA application as the authorized representative for her mother, Rita. Rita entered a nursing home in County B directly from her home in County A. County A is financially responsible for Rita’s MA.

EXAMPLE:

Roland receives MA from County A. He is admitted to a nursing home in County B on March 3. He is discharged from the nursing home on May 15 and moves into an apartment in County B. County A remains financially responsible until August 1.

When people active on MA move to another county and enter excluded time facilities or begin receiving excluded time services during the 2-month transfer period, do not transfer financial responsibility until the client lives in a non-excluded residence or stops receiving excluded time services for two full calendar months. Transfer financial responsibility on the first of the month following the second full calendar month the client lives in a non-excluded residence or stops receiving excluded time services.

EXAMPLE:

Justin receives MA from County A. He moves to County B on May 1. He enters an excluded time facility in County B on June 2. He leaves the excluded time facility and returns to an apartment in County B on July 7. County A remains financially responsible until October 1.

Excluded time facilities include:

• Hospitals. • Nursing homes. • Shelters (other than emergency shelters). • Halfway houses. • Foster homes. • Board and care homes. • Maternity homes. • Battered women's shelters. • Correctional facilities. • Supervised board and lodging facilities. • Regional Treatment Centers. • Facilities based on an emergency hold. • Assisted living services. • Day training and habilitation programs. • Placements in training and habilitation programs (including a rehabilitation facility or work or employment program). • Placements with an indeterminate commitment, including independent living.

Excluded time services include:

• Participation in a rehabilitation facility which meets the definition of a long term sheltered workshop. • Receipt of Personal Care Assistant (PCA) services paid by MA. Do not consider PCA services paid by the client or other sources to be excluded time services. • Receipt of services from a Semi-Independent Living Service (SILS) Program.

People may receive excluded time services while residing in their own homes.

EXAMPLE:

Paul lives in an apartment in County A and has a PCA paid through MA. He moves to an apartment in County B, where he continues to receive PCA services. County A remains financially responsible for Paul’s MA. If Paul stops receiving PCA services and remains in County B, County B will become responsible two full months after PCA services stop.

People who move directly from another state to an excluded time facility are the financial responsibility of the county where the facility is located.

EXCEPTION:

• People who move to a Minnesota nursing facility on or after 8-1-93 from North Dakota remain residents of North Dakota: • For 24 months following the date of admission if they have no community spouse living in North Dakota.

For at least 24 months following the date of admission, and indefinitely thereafter if they have a community spouse living in North Dakota.

• People who move to a North Dakota nursing facility on or after 8-1-93 from Minnesota remain residents of Minnesota: • For 24 months following the date of admission if they have no community spouse living in Minnesota.

For at least 24 months following the date of admission, and indefinitely thereafter if they have a community spouse living in Minnesota.

GAMC:

Follow MA, EXCEPT that people who enter excluded time, other than battered women’s shelters, directly from another state do not meet Minnesota residency requirements until they have lived outside of excluded time for 30 days. See §0906.05.07 (State Residence--GAMC).

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

INSTITUTIONAL RESIDENCE -- MINNESOTACARE 0906.09

Residence in certain types of facilities or institutions may affect people’s eligibility for health care programs.

MinnesotaCare:

People who are incarcerated in adult correctional or penal institutions are ineligible for MinnesotaCare regardless of age.

This includes people age 18 and over and people under 18 who are tried as adults and incarcerated in adult facilities. Adult correctional and penal institutions include state and federal prisons, county jails, and government owned and operated halfway houses. Consider people jailed under the Huber law who are released from jail during work hours to be incarcerated. People on home detention remain eligible for MinnesotaCare.

Deny coverage to adults and children treated as adults by the courts who are incarcerated at the time of application. Disenroll these people if they are incarcerated at the time of renewal.

Children incarcerated in private secure detention facilities, state owned correctional facilities, or county owned and operated secure juvenile facilities are ineligible for MinnesotaCare.

Deny children who reside in these facilities at the time of application. Disenroll children who are incarcerated or residing in these facilities at the time of renewal.

Incarcerated people must arrange to receive care through their health plans until disenrolled.

Do not count people incarcerated as adults or children residing in secure juvenile facilities in the household size beginning with the month they are removed from coverage. Continue to count them in the household size until the renewal unless another adult household member requests to have them removed from coverage sooner. See §0915.05 (Removing a Person From the Household).

Inmates scheduled for release from correctional facilities may apply for MinnesotaCare 30 days before their release date. Eligibility cannot begin until they are actually released and the first premium payment is received. See §0904.07 (Accepting and Processing Applications) and §0904.07.07 (Pending the Application).

Children placed by the courts in dispositional alternative facilities licensed by the Minnesota Department of Corrections or DHS that are not secure and are designated as foster homes, group homes, or residential treatment facilities remain eligible for MinnesotaCare if they meet all other eligibility factors. Do not deny or disenroll these children.

M.S. 256L.04 Subd. 12

MA/GAMC:

See §0906.09.01 (Institutional Residence--MA/GAMC).

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

INSTITUTIONAL RESIDENCE -- MA/GAMC 0906.09.01

Residence in certain types of facilities or institutions may affect people’s eligibility for health care programs.

MinnesotaCare:

See §0906.09 (Institutional Residence--MinnesotaCare).

MA:

In general, people living in public institutions are ineligible for MA. A public institution is an institution that is the responsibility of a governmental unit or over which a governmental unit exercises control. The term public institution does not include:

• A publicly operated community residence that serves no more than 16 residents. • A public child care facility that meets federal child care institution criteria. • A public educational or vocational training institution where people reside for purposes of securing education or training.

People placed in public institutions for a temporary period pending other specifically planned arrangements appropriate to their needs are not considered to be residents of public institutions and eligible for MA if they meet other eligibility requirements.

EXAMPLE:

Alex is eligible for MA and is to be placed in a foster home, but there are no openings available for 2 weeks. He is placed in a correctional facility in which permanent placements are not eligible for MA. Alex remains MA-eligible during his temporary placement.

People living in public or private Institutions for Mental Diseases (IMDs) are ineligible for federally-funded MA (even if they are getting MSA) unless they meet one of the exceptions below. An IMD is defined as a hospital, nursing facility, or other institution of 17 beds or more that is primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases.

The following people are eligible for MA while residing in an IMD if they meet ALL of the other MA eligibility requirements:

• Residents age 65 or older. • Residents of IMDs accredited by the Joint Commission on Accreditation of Health Care Organizations (JCAHCO) who are receiving inpatient psychiatric treatment, if the residents are under age 21 or have lived continuously in an IMD since before their 21st birthday and are under age 22. • People enrolled in MA managed care plans who are placed in an IMD by their health plan. These people remain on MA with the same basis and budget as they had when placed by the health plan. • Residents released from IMDs on convalescent leave or conditional release.

People who live in an IMD who are ineligible for federally-funded MA solely due to IMD residency are eligible for state-funded MA benefits through program IM, except for coverage of nursing homes that are IMDs.

See §0907.27 (MA/GAMC Basis: IMD Residents).

People sentenced to correctional or penal facilities, including people participating in work release programs, are ineligible for MA. Consider people to be under the control of the penal system from the time of arrest. They cease to be under the control of the penal system when they are released:

• On their own recognizance. • On bail. • As not guilty. • On probation.

EXCEPTION:

People released on probation but placed in public institutions as a condition of probation are ineligible for MA.

• On parole or supervised release, or, in the case of a juvenile, on extended furlough (usually 90 days). • On pardon. • Upon completing sentence.

Inmates scheduled for release from correctional facilities may apply for MA or GAMC 45 days before their release date. Eligibility cannot begin until they are actually released. See §0904.07.01 (Applications in Advance of Inmate’s Release).

Do not consider people to be released from the control of the penal system when they are transferred from a correctional facility to a medical facility for treatment.

Do not consider people under civil court hold orders to be under the control of the penal system.

The Department of Corrections (DOC) licenses some private and public (as defined at the beginning of this section) facilities that are not state correctional or penal facilities. Residents of secured juvenile facilities licensed by the DOC which are for holding, evaluation, or detention purposes only, are not eligible for MA. Residents of group homes licensed by the DOC which are not secured and are not primarily for detention purposes may be eligible for MA.

People who reside in chemical dependency (CD) residential treatment facilities licensed under Rule 35 who meet eligibility criteria are eligible to have treatment costs paid through the Consolidated Chemical Dependency Treatment Fund (CCDTF). If they are otherwise eligible for MA, MA will pay for services unrelated to the treatment.

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GAMC:

People may be eligible for GAMC if they live in institutions. However, GAMC does not pay for the cost of care in an institution. GAMC will pay for medical and remedial care which is not provided by the institution.

People who live in an IMD who do not meet a basis of eligibility for MA may be eligible for GAMC for medical and remedial care which is not provided by the institution.

See §0907.27 (MA/GAMC Basis: IMD Residents).

People are ineligible while residing in a penal institution unless they meet the following conditions:

• Detainment must be for less than one year in a county correctional or detention facility, or the person must be an inpatient in a hospital on a criminal hold order.

AND

• The person must have been a recipient of GAMC at the time of arrest or admission to the hospital on a criminal hold order.

AND

• The person must be otherwise eligible for GAMC.

People who reside in chemical dependency (CD) residential treatment facilities licensed under Rule 35 who meet eligibility criteria are eligible to have treatment costs paid through the Consolidated Chemical Dependency Treatment Fund (CCDTF). If they are otherwise eligible for GAMC, GAMC will pay for services unrelated to the treatment.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

SOCIAL SECURITY NUMBER -- MINNESOTACARE 0906.11

MinnesotaCare:

Check the application to ensure that an SSN is provided for each person in the household who is requesting coverage. Do not require SSNs for the following:

• Adults and children who are not requesting coverage (unless required to apply under the All or Nothing Rule) or who are found ineligible for another reason. • All children under age 2 through the month of their 2nd birthday. • Newly adopted children over age 2 until the next renewal. • People who provide convincing evidence that their refusal to obtain a SSN is based on well established religious objections. A person who claims this exemption must show membership in a recognized sect or division. A statement that the person objects to obtaining a SSN for religious reasons or other personal beliefs is not sufficient.

Examples of convincing evidence include but are not limited to proof of filing for a waiver with the IRS using Form 4029 or statements from leaders of the recognized sect or division. If you are uncertain whether evidence submitted by a person claiming this exemption is sufficient, submit a Policy Interpretation.

Do not require copies of the social security card or other documents to verify the number. Reported numbers entered on MAXIS are interfaced to MMIS.

If no SSN is provided for a household member who is required to provide one, contact the applicant to find out if the person has a number. If the person does not have an SSN, instruct the applicant to apply for a number by calling or going to the local Social Security Office for an application. Instruct the applicant to report the number when they receive it. Until the number is assigned and reported, accept a receipt verifying the person has applied. Use form DHS 3328 (MinnesotaCare Form to Obtain Social Security Number) to make requests by mail.

If the household reports that they need a letter from MinnesotaCare to Social Security in order to obtain a SSN, provide form DHS 3329 (Template-Form to Obtain Social Security Number) for the client to give to Social Security.

Do not approve coverage for any household member(s) required to apply under the All or Nothing Rule until all members have provided SSNs or proof of application. See §0908.11 (All or Nothing Rule).

EXAMPLE:

Application received for two parents and two children, ages 4 years and 2 years. The application reports SSNs for all but the 2-year-old. The family is requesting coverage for everyone. When contacted, the mother reports that the 2-year-old does not have an SSN. Instruct the mother to apply for an SSN for the child. Do not approve coverage for any household members until the household verifies they have applied for the child’s SSN.

EXAMPLE:

Applicant family was recently admitted to the U.S. with refugee status. The application reports SSNs for all household members except the mother. They explain that they all applied for SSNs when they entered the country but the mother has not yet received her number. Accept a receipt to verify that the mother applied for a number. If the mother does not have a receipt, instruct her to contact Social Security to ask for a duplicate receipt. Do not approve coverage for the other parent until the mother provides verification.

M.S. 256L.05 subd. 2

Minnesota Rule 9506.0030 subp. 2a

MA/GAMC:

See §0906.11.01 (Social Security Number--MA/GAMC).

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

SOCIAL SECURITY NUMBER -- MA/GAMC 0906.11.01

MinnesotaCare:

See §0906.11 (Social Security Number--MinnesotaCare).

MA:

Applicants or enrollees who do not provide or apply for an SSN are ineligible with the following EXCEPTIONS:

• Children eligible as auto newborns are not required to apply for or provide a SSN through the end of the month of their 1st birthday. Children who were eligible as auto newborns and turned age 1 prior to July 1, 2003, are not required to apply for or provide a SSN through the month of the 2nd birthday. See §0907.19.05.03 (MA Basis: Auto Newborn). • Children meeting all other eligibility requirements are eligible even if their parents refuse to provide or apply for SSNs for them. The parents are ineligible. • Undocumented people and non-immigrants who are applying for or enrolled in EMA are not required to provide SSNs. • Undocumented people and non-immigrants who receive state-funded MA (program NM) as pregnant women or because they receive services from the Center for Victims of Torture (CVT) are not required to provide SSNs. • Adults who refuse to obtain SSNs are eligible if they provide convincing evidence that the refusal is based on well established religious objections. A person who claims this exemption must show membership in a recognized sect or division. A statement that the person objects to obtaining a SSN for religious reasons or other personal beliefs is not sufficient.

Examples of convincing evidence include but are not limited to proof of filing for a waiver with the IRS using Form 4029 or statements from leaders of the recognized sect or division. If you are uncertain whether evidence submitted by a person claiming this exemption is sufficient, submit a Policy Interpretation.

• Refugee Medical Assistance (RMA) applicants and enrollees are not required to apply for or provide SSNs. See §0907.21.13 (MA Basis: Refugee medical Assistance - RMA).

Use the SSA/DHS data exchange to verify the social security number for all applicants or enrollees. Enter each person’s reported social security number (SSN) and appropriate code on the MAXIS STAT/MEMB panel. Do not require people to submit documents to verify the number pending verification through the data exchange.

The computer system will verify the social security number by entering a validation code on the MAXIS STAT/MEMB panel. If the client information does not match the social security number, you will get a DAIL/DAIL message. The message will list the discrepancy. Clarify the information by comparing the information on the STAT/MEMB panel to the case file or by contacting the client for more information. You may ask the client to submit documents if necessary to clarify the discrepancy. Do not deny or terminate MA if the client is unable to submit documents containing the SSN.

If applicants or enrollees do not have or do not know their SSNs:

1. Get a completed or partially completed and signed Application for Social Security Number (SS-5) for each person without a reported SSN.

2. Highlight areas on the SS-5 that are not complete.

3. Enter the MAXIS Person Master Index (PMI) number in the NPN block at the bottom of the SS-5.

2 4 0 (3 digit state code)

___ ___ ___ ___ ___ ___ ___ ___ (8-digit PMI number, including zeros added to the beginning of the number as fillers).

EXAMPLE:

If the PMI is 12345, the PMI for the SS-5 is 240-00012345.

4. Keep a photocopy of the signed SS-5 in the case file.

5. Tell the client to mail or take the SS-5 form with supporting evidence to the local Social Security Administration office. The client must be able to verify age, identity, and lawful non-citizenship status. The SS-5 form describes acceptable types of supporting evidence.

After SSA assigns a number, the data exchange system will supply the number to MAXIS. Follow up at the time of the scheduled recertification if no number has been assigned. Have the client complete a new SS-5 if necessary.

A parent may request a Social Security Number (SSN) for a newborn child on the birth certificate application. The state vital statistics office forwards the birth registration data to the Social Security Administration (SSA), where an SSN is issued and a Social Security card is sent to the parent(s) for the child.

Accept form SSA-2853-OP4 (Information About When You Will Receive Your Baby's Social Security Card) as verification that an SSN application has been made. Retain the form or a copy of the form in the case file.

Remind the parent(s) that they must report the SSN to the county agency when the number is received. The SSN assigned to the child will not be included on the SSA/DHS tape exchange.

GAMC:

GAMC applicants and enrollees must provide SSNs with the following exception:

• People who provide convincing evidence that their refusal to obtain a SSN is based on well established religious objections. See MA.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

ASSIGNING RIGHTS TO MEDICAL SUPPORT 0906.13

The federally funded health care programs require custodial parents and caretakers of children who are requesting or receiving MinnesotaCare or MA to assign their rights to medical support payments from the child(ren)’s non-custodial parent. People assign their rights to medical support and those of their legal dependents by signing the application. People who refuse to assign their rights and the rights of their legal dependents to medical support are ineligible for any of the health care programs. People who are not legally able to assign their rights to medical support, such as children and people under legal guardianship, are eligible even if the people legally responsible for them refuse to assign benefits.

EXAMPLE:

Georgia applies for MA for herself and 2 children. She refuses to assign her and her children’s rights to medical support by writing refused on the assignment portion of the application. The children are eligible for MA if they meet all other eligibility requirements. Georgia is ineligible for MA, GAMC, and MinnesotaCare (both federally and state-funded).

EXAMPLE:

Lisa is 16 and lives with her 6-month-old son and her mother. There is an order for medical support against Lisa’s father. Lisa is legally unable to assign her rights as she is a minor. If Lisa’s mother requests any of the health care programs for herself, she must assign her own and Lisa’s rights to medical support as a condition of her own eligibility. If she refuses, Lisa and the child are eligible if they meet all other requirements. Lisa must provide information about her son’s father and cooperate to the extent possible with attempts to establish paternity and medical support for him.

The custodial parent or caretaker may also be required to cooperate with the county child support enforcement office, known as IV-D, to establish paternity, establish an order for medical support, and/or enforce an existing order unless the caretaker shows good cause for non-cooperation. Examples of cooperation include:

• Providing information about non-custodial parents • Establishing paternity of eligible dependent children • Forwarding any medical support payments received directly from the non-custodial parent to DHS.

IV-D provides information it gets about the non-custodial parent’s health insurance coverage of eligible children to the Benefit Recovery Section through the PRISM/MMIS interface.

For information on who must be referred and cooperate with medical support, see §0906.13.03 (Medical Support: When to Refer). For information on good cause, see §0906.13.05 (Good Cause Exemptions--Medical Support) and §0906.13.07 (Good Cause Determination).

The county child support unit is responsible for making determinations of non-cooperation. Do not delay, deny or close health care programs eligibility due to non-receipt of medical support referral forms. If a caretaker fails or refuses to complete support forms without good cause, send all available information to the child support unit following the program-specific instructions in this section after eligibility is determined. IV-D will determine if the caretaker is ineligible due to non-cooperation.

MinnesotaCare and MA-only caretakers are not required to assign their rights to child support or child care support payments but may request these services from the local IV-D agency. Caretakers must report any child support payments, whether court ordered or voluntary. See §0911.09.11 (Child Support Income) and §0911.09.11.01 (Child Support Income--MA/GAMC).

MinnesotaCare:

1. See §0906.13.03 (Medical Support Referrals) to determine if the caretaker is required to cooperate with IV-D. 2. For caretakers who are required to cooperate, send the medical support forms when you determine that a referral is required. Allow 30 days from the date you send the forms for the caretaker to return the forms. Do not require medical support referral forms before approving MinnesotaCare as pending awaiting payment. Do not refer any information to the IV-D agency until you have determined that the child(ren) are eligible AND the household has paid the initial premium. 3. When you receive the referral forms, check to see if the case is active. If yes, send the referral to the county IV-D office within 2 working days. If the case is not active when you receive the forms, do not send the referral until the case is active. Send the referral within 2 working days of confirming that the case has become active. 4. If the caretaker does not claim good cause but fails to return completed forms within 30 days of being requested to do so AND the case is active, refer available information to IV-D.

For all referrals, send the following to the IV-D office in the caretaker’s county of residence:

• Notification of Opening/Change/Closing in Public Assistance Case (DHS 2686a). • A printout of the MMIS RCIN screen. Also include a printout of the RCAD screen if the client refuses to complete the referral form. • The Referral to Support and Collections (DHS 3163B) if received. • The Client Statement of Good Cause (DHS 2338) if received. • A copy of the applicable court order, if available.

Use the DHS 2686a to notify IV-D of case closings and other changes.

The child support unit will notify you if the caretaker fails to cooperate. Send 10-day notice to terminate coverage for caretakers who fail to cooperate without good cause.

When a parent leaves an active household, determine if you need to make a referral for medical support. If yes, send the Referral to Support and Collections (DHS 3163b) and the Client Statement of Good Cause (DHS 2338) to the custodial parent or other primary caretaker to complete. Request return of the forms within 30 days. Make the referral within two working days after receiving the forms. If the caretaker fails to return the forms within 30 days and has not claimed good cause, refer available information to IV-D. IV-D will notify the MinnesotaCare worker if the caretaker is ineligible due to non-cooperation.

If IV-D notifies you that a caretaker who was removed from coverage for non-cooperation has now cooperated, reinstate the caretaker’s coverage beginning the first available month after cooperation.

EXAMPLE:

Rose receives MinnesotaCare for herself and two children. On February 10 the child support officer notifies the worker that Rose has failed to cooperate in obtaining medical support. There is no good cause claim. Rose is removed from MinnesotaCare coverage effective March 1. On March 15, the child support officer notifies the worker that Rose has cooperated. Reinstate Rose’s coverage effective April 1. Send the DHS 2868a to notify IV-D of the reinstatement.

MA:

1. See §0906.13.03 (Medical Support Referrals) to determine if the caretaker is required to cooperate with IV-D. 2. For caretakers who are required to cooperate, send the medical support forms when you determine that a referral is required. Allow 30 days from the date you send the forms for the caretaker to return the forms. Do not require medical support referral forms before approving MA. 3. If you receive the referral forms after MA has been approved, send the referral to the county IV-D office within 2 working days. If MA has not been approved, hold the referral until you complete the eligibility determination. Make referrals to the IV-D agency within two working days of approving eligibility for MA.
4. If the caretaker fails to return the forms within the 30-day period without good cause, refer available information to the child support unit.

For all referrals, complete appropriate MAXIS screens and send the following to the IV-D unit:

The Notification of Opening/Change/Closing in Public Assistance Case (DHS 2686a). The Referral to Support and Collections (DHS 3163B) if received. The Client Statement of Good Cause (DHS 2338) if received. • A copy of the applicable court order, if available.

The child support unit will notify you if the caretaker fails to cooperate. Send 10-day notice to terminate coverage for caretakers who fail to cooperate without good cause.

Use the DHS 2686a to notify IV-D of case closings and other changes.

When a parent leaves an active household, determine if you need to make a referral for medical support. If yes, send the Referral to Support and Collections (DHS 3163B) and the Client Statement of Good Cause (DHS 2338) to the custodial parent or other primary caretaker to complete. Request return of the forms within 30 days. Make a referral to IV-D within two working days of receiving the forms. If the caretaker fails to return the forms within 30 days and has not claimed good cause, refer available information to IV-D. IV-D will notify the MA worker if the caretaker is ineligible due to non-cooperation.

If IV-D notifies you that a caretaker who was removed from coverage for non-cooperation has now cooperated, reinstate MA back to the 1st of the month of cooperation. There is no minimum sanction period.

EXAMPLE:

Rose receives MA for herself and two children. On February 10 the child support officer notifies the financial worker that Rose has failed to cooperate in obtaining medical support. There is no good cause claim. Rose is removed from MA effective March 1. On March 15, the child support officer notifies the financial worker that Rose has cooperated. Reinstate MA effective March 1.

Some parents who do not live with a child or whose income and assets are not counted toward the child’s eligibility are liable for parental fees for MA. See §0906.13.09 (Parental Fees).

See §0906.13.03 (Medical Support Referrals) for additional information.

GAMC:

No provisions.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

MEDICAL SUPPORT: WHEN TO REFER 0906.13.03

See §0906.13 (Assignment and Referral: Medical Support) for additional information.

Medical support referrals are not required for all children on MA or MinnesotaCare. Determine whether a referral is required for each child. In all cases, do not refer if the caretaker has shown good cause.

Do not make a medical support referral if a court order to provide health insurance exists and the parent is in compliance with the order.

Do not make a medical support referral if the caretaker is not receiving or requesting MA or MinnesotaCare and paternity has not been established for the child.

Make medical support referrals in all other situations. In cases where the child lives with the caretaker but only the child is receiving MA or MinnesotaCare, make a referral to IV-D if:

• The child was born when the parents were married

OR

• Paternity has been established by court order or signing of a Recognition of Parentage (ROP)

AND at least one of the following conditions exist:

• There is no court order. • A court order for medical support health insurance exists, but the non-custodial parent is not meeting the obligation. • An existing court order does not include a provision for medical support or indicates that medical support has been reserved. • There are court-ordered medical support cash payments, whether or not the non-custodial parent is currently making the payments. • The caretaker of a child enrolled in MA or MinnesotaCare notifies you that the non-custodial parent is no longer complying with the medical support order. When a caretaker notifies you of a change in circumstances that requires a referral, take action within two working days after you learn of the change. Require the caretaker to complete referral forms. Send the forms to IV-D within two working days after you receive them from the client.

• The applicant requests child support services.

EXAMPLE:

Maia applies for MA for her two children, Seng and Lou. She is not requesting MA or MinnesotaCare for herself. She is separated from her husband, who is Lou’s father. There is no court order. She was not married to Seng’s father and there is no court order or ROP establishing paternity. Make a IV-D referral for Lou because her parents were married when she was born and there is no court order. Do not make a referral for Seng because paternity has not been established and Maia is not receiving MA or MinnesotaCare for herself.

EXAMPLE:

Marina applies for MA for her son, Ryan. She is divorced from Ryan’s father. He is court ordered to carry health insurance for Ryan but is not complying. Make a referral to IV-D.

EXAMPLE:

Karla applies for MinnesotaCare for her children, Per and Kari. She was not married to Per’s father, but they signed an ROP when Per was born. There is no court order for medical support. Karla is divorced from Kari’s father and he is complying with an order to make monthly cash medical support. Make a IV-D referral for both children.

In cases where the caretaker and child are both receiving MA or MinnesotaCare, make a medical support referral in all cases unless the non-custodial parent is complying with an order to provider medical support health insurance. This includes making paternity referrals as described below.

Paternity can be established either through a court order or by both parents signing an ROP. The ROP has been accepted as a legal showing of paternity since 8-1-95. Before 8-1-95, the Declaration of Parentage (DOP) served as an acknowledgement of paternity but does not serve as a legal establishment. Make a paternity referral when:

• There is no ROP or court order. • There is an ROP, but the non-custodial parent is not living with the child. • There is a court order establishing paternity, but the non-custodial parent does not live with the child, and there is no order for medical support or the non-custodial parent is not complying with the order. • The alleged father lives with the mother and child(ren), but only a DOP has been signed. Make the referral even if the alleged father is part of the household and his income is counted toward the child(ren)’s eligibility. Note on the referral form that the father’s income is being counted.

The parents may choose to sign an ROP and submit a copy to MinnesotaCare instead of being referred to IV-D.

EXAMPLE:

Tyesha applies for MinnesotaCare for herself and her son Dante. She was not married to Dante’s father and has not talked to him for several years. There is no ROP or paternity order. Make a referral to IV-D.

EXAMPLE:

Rhonda applies for MA for herself and her daughter, Selena. She and Selena’s father recently separated after living together for several years. They signed an ROP when Selena was born, but there is no court order for medical support. Make a referral to IV-D.

When a minor child lives apart from both parents, a IV-D referral may be required. One or both parents may be subject to payment of a parental fee. DHS collects parental fees in certain situations. See §0906.13.09 (Parental Fees). County procedures for parental fee collections vary. In some counties, the IV-D unit may pursue parental fees along with child and medical support orders. Other counties may have separate staff handling parental fees. Follow your county’s procedures using the guidelines below:

• If a child is in a foster care placement funded through Title IV-E, do not make a separate referral for medical support or MA parental fees. Follow your agency’s procedures for Title IV-E referrals. • If the child is in foster care placement that is not funded through Title IV-E, OR the child is not in a placement but lives apart from both parents:

-Determine if there is a non-custodial parent.

-If the child previously lived with both parents, there is no non-custodial parent.

-If legal custody of the child was transferred to a person other than a parent, both parents are non-custodial.

Note: This does not apply when the county agency is given custody of a child for purposes of out-of-home placement. When the agency has custody, determine whether there is a non-custodial parent based on who the child lived with before entering placement.

-If the child previously lived with one parent, consider that parent to be the custodial parent. The other parent is the non-custodial parent.

Refer the non-custodial parent(s) to IV-D following the rules for child-only cases. Do not refer the custodial parent(s). Follow your agency’s procedures for pursuing parental fees from the custodial parent.

EXAMPLE:

John, age 9, is placed in a foster home. He does not have a disability that would result in DHS pursuing parental fees. He was removed from the home of his parents, who are married. He is not eligible for Title IV-E reimbursement for the placement but is eligible for MA. Do not make a referral for IV-D medical support enforcement because there is no non-custodial parent. Refer for parental fees according to your agency’s procedures.

EXAMPLE:

Alyssa, age 10, is removed from her mother’s home and placed in foster care. She does not have a disability that would result in DHS pursuing parental fees. She is not eligible for Title IV-E reimbursement for the placement but is eligible for MA. Her parents are divorced and her father is court-ordered to provide health insurance for Alyssa. If he is not complying with the order, make a IV-D referral for him and pursue parental fees according to your agency’s procedures. If he is complying with the order, no IV-D referral is required. Pursue parental fees for both parents according to your agency’s procedures.

EXAMPLE:

Lynn, age 17, lived with her mother. Her parents are divorced and there is a court order for medical support from her father. He is not complying with the order. Lynn moved out of her mother’s home into her own apartment and applies for MinnesotaCare for herself. Make a medical support referral for Lynn’s father based on the existence of the medical support order. Do not refer Lynn’s mother, the custodial parent, to IV-D. Although Lynn cannot legally assign rights to her medical support, she must provide as much information about her father as possible as a condition of eligibility. The IV-D worker will determine what action can be taken.

If Lynn applies for MA instead of MinnesotaCare, make a medical support referral for her father. Pursue a parental fee for her mother according to your agency’s procedures.

EXAMPLE:

Tina was removed from her parents’ home and placed with her aunt, who was given legal custody. Since both parents are now considered non-custodial, make a medical support referral to IV-D.

• If the applicant is a minor with dependent children, determine whether a IV-D referral is required for both the minor parent and the dependent child(ren). If the minor has a non-custodial parent, treat this as two child support cases. If appropriate, make a referral for the minor’s non-custodial parent. Make another referral for the non-custodial parent of the applicant’s child(ren).

EXAMPLE:

Lori applies for MinnesotaCare for herself, her 12-year-old son Michael, her 15-year-old daughter Amber, and Amber’s 3-month-old son Peter. Lori is divorced from Michael and Amber’s father. There is a court order for medical support, but the non-custodial parent is not complying. Lori has access to insurance for herself only through her employer and is ineligible for MinnesotaCare. Michael, Amber, and Peter are eligible. Paternity has not been established for Peter.

Make a IV-D referral for Michael and Amber. Make a separate referral for Peter, since paternity has not been established and Amber is receiving MinnesotaCare. Amber must provide information about Peter’s father and cooperate with establishing an order for medical support for him as a condition of her own eligibility.

EXAMPLE:

Corinne, age 16, and her 1-year-old daughter Megan live with Corinne’s aunt. Corinne’s parents are married and live together. She is covered by their health insurance and does not want MA for herself. She applies for MA for Megan only. Paternity has not been established for Megan. No IV-D or parental fee referrals are required.

If Corinne received MA for herself, a IV-D referral would be required for Megan. No referral would be required for Corinne because there is not a non-custodial parent. Refer her parents for parental fees according to your agency’s procedures.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

MEDICAL SUPPORT REFERRALS -- NEWBORNS 0906.13.03.03

Also see §0906.13 (Assigning Rights to Medical Support) and §0906.13.03 (Medical Support Referrals).

For children born to a woman on MA or MinnesotaCare, make the referral 60 days after the child’s birth unless the woman asks to be referred sooner. A pregnant woman is not required to cooperate with IV-D during the pregnancy or 60-day postpartum period. For all others, follow the 2 working day time frame.

EXAMPLE:

Marissa is 3 months pregnant and applies for MinnesotaCare. She does not wish to be referred to IV-D at the time of application. Her child is born on June 16. There is no ROP or other establishment of paternity. Make a referral in August. Effective September 1, Marissa must cooperate in establishing paternity as a condition of her own eligibility unless she shows good cause.

EXAMPLE:

June applies for MA when she is 6 months pregnant. Her child is born February 2. She and the child’s father signed a ROP in the hospital, but there is no order for medical support. Make a referral in April. Effective May 1, June must cooperate with efforts to establish medical support as a condition of her own eligibility unless she shows good cause.

EXAMPLE:

Joanne and Lee are unmarried and live with their 1-month-old son. They signed a ROP in the hospital. They apply for MinnesotaCare and are approved for coverage as 1 household. No referral is necessary. If Joanne and Lee had not signed a ROP, you would make a referral when their son is 60 days old. In this case, you would note on the referral that Lee has verbally acknowledged paternity and his income is counted toward Joanne and the baby’s MinnesotaCare eligibility and premium amount.

EXAMPLE:

Andrea applies for MinnesotaCare for herself and her 6-year-old son Andrew. Paternity has never been established for Andrew, and Andrea states she doesn’t know who his father is. Make a referral within 2 days of the case becoming eligible unless Andrea shows good cause. Note that not knowing the father’s identity does not in and of itself show good cause. See §0906.13.05 (Good Cause Exemptions--Medical Support). IV-D will determine whether any action can be taken.

Do not require a pregnant woman to cooperate with medical support enforcement for any of her children who live with her before the end of the 60-day postpartum period. However, offer the pregnant woman the opportunity to begin working with IV-D as soon as she applies. If she wishes to begin working with IV-D, refer her to the IV-D agency in her county of residence.

EXAMPLE:

Glenda receives MA for herself and her two children and has an active medical support case. She notifies her MA worker that she is pregnant. She does not wish to complete the Paternity Information Sheet or be referred to IV-D for her unborn child. The IV-D worker notifies the MA worker that Glenda failed to appear in court as required to enforce a medical support order for her other two children. Because Glenda is pregnant, she is not required to cooperate with medical support enforcement for any of the children. She remains eligible for MA. At the end of the 60-day postpartum period, she must cooperate with IV-D in pursuing medical support for the newborn as well as the older children. If she fails to cooperate without good cause, she is ineligible for MA, MinnesotaCare, and GAMC for herself. The children remain eligible.

M. S. 256.9366 subd. 7

42 CFR 435.610

45 CFR 232.11-232.13

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

MEDICAL SUPPORT REFERRALS -- NO REFERRALS 0906.13.03.05

Also see §0906.13 (Assigning Rights to Medical Support) and §0906.13.03 (Medical Support Referrals).

Do not make referrals to IV-D when:

• The non-custodial parent is complying with a medical support order for dependent health insurance, unless the caregiver requests full child support enforcement services.

EXAMPLE:

Diana applies for MA for herself and her 2 children. She would like the application referred to MinnesotaCare if any members of the household are ineligible for MA. She is divorced from the children’s father. He is court-ordered to pay $300 per month in child support and carry the children on his insurance coverage through his employer. He is current in his support payments and insurance is in place. Diana does not request child support enforcement services. No referral is required for either MA or MinnesotaCare. For MinnesotaCare, determine whether the insurance affects the children’s eligibility. See §0910 (Other Health Coverage).

• An unmarried father lives with the child and there is a court order establishing paternity or the parents have signed a ROP. Count the father’s income and resources toward the child and/or mother’s eligibility according to program provisions. See §0908 (Household Composition). • An emancipated minor applies for MA for her/himself. See EMANCIPATED MINOR in §0902.11 (Glossary: Effective...) and §0908 (Household Composition).

EXAMPLE:

Tiffany, age 17, is divorced from Josh. They have a 1-year-old son, Thomas. Tiffany’s parents were divorced 5 years ago and her father was ordered to provide medical insurance for Tiffany and her brothers. Do not make a referral on Tiffany’s father even if he does not carry insurance on her because she is emancipated. Make a referral on Josh only if he is not complying with an existing medical support order for Thomas.

• An unemancipated minor has left an intact home, or the minor’s parents are separated and there is no court order for medical support.

EXAMPLE:

Daniel, age 16, moved out of his parents’ home and lives with a friend. His parents gave him permission to move out and are not contributing toward his support. Daniel has never been married or served in the armed forces. Although Daniel is not emancipated, no referral is necessary because he left an intact home and there is no court order for medical support from either parent. For MA, assess a parental fee.

• The only unpaid medical support is owed to the caregiver from a period before MA or MinnesotaCare eligibility.

EXAMPLE:

Mona has been divorced for 3 years. There is a court order for her ex-husband to pay child support and provide either health insurance or cash payments of $50 per month as medical support for their two children. He was unemployed for two years after the divorce and is in arrears for both child and medical support. At the time Mona applied for MA for the children, he was paying current child support and carried health insurance on the children. He still owes child and medical support from the period when he was unemployed. No referral is needed. See §0911.09.11 (Child Support Income) for instructions on how to treat payment on arrears.

M. S. 256.9366 subd. 7

42 CFR 435.610

45 CFR 232.11-232.13

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

GOOD CAUSE EXEMPTIONS -- MEDICAL SUPPORT 0906.13.05

Caretakers must cooperate in pursuing child and medical support and 3rd party liability (TPL) for medical services unless they have good cause for not doing so. See §0910.13 (Third Party Liability). If a caretaker claims good cause, send a copy of the Client Statement of Good Cause (DHS 2338) to the IV-D agency. IV-D must stop all activity to collect child and medical support or establish paternity pending the good cause decision.

If a caretaker of children applying for MA or MinnesotaCare claims good cause, check to see if there is an active child support case. The applicant may provide this information on the HCAPP and/or the referral form. Most MA and MinnesotaCare agencies have at least one person other than IV-D staff who has access to the Child Support system, PRISM, which also shows active cases. If there is an active child support case, explain to the caretaker that IV-D will stop all child and medical support activities if good cause is granted, including collection of current child support payments. However, do not discourage the caretaker from pursuing the claim or deny the claim solely on this basis.

Request documentation to support the good cause claim. Caretakers who do not cooperate in pursuing paternity or medical support or provide evidence to support the good cause claim are not eligible for any of the health care programs. Eligibility for the children and the caretaker’s spouse is not affected by the caretaker’s failure to cooperate or provide evidence.

EXAMPLE:

Jeanine applies for MinnesotaCare for herself, her two children and her husband Neil, who is the children’s stepfather. Jeanine fails to cooperate in obtaining medical support for the children and is found not to have good cause. She is ineligible for the health care programs. Eligibility is not affected for Neil and the children.

Caretakers must cooperate or provide evidence to support good cause even if the caretaker is not requesting health care for him/herself. Non-parent caretakers must cooperate when there is no parent in the home. If a caretaker refuses to cooperate without good cause, refer all available information to the IV-D agency.

EXAMPLE:

Harry applies for MinnesotaCare for his two grandsons, the children of his daughter. He is not their legal guardian. He is not requesting MinnesotaCare for himself on his own case. He states he never met the children’s father and has not seen his daughter for 5 years. He does not wish to complete the medical support referral forms. Explain the good cause provisions. If Harry chooses not to claim good cause, or his good cause claim is denied, refer all available information to IV-D, even if the only available information is the mother’s name. IV-D will determine whether support can be pursued without Harry’s cooperation.

EXAMPLE:

Hazel is enrolled in MinnesotaCare with her granddaughter of whom she has legal guardianship. She completes referrals on both of the granddaughter’s parents but has very little information. Paternity has never been established. IV-D determines that Hazel is not legally able to initiate a paternity action for her granddaughter. Hazel remains eligible for MinnesotaCare because she is cooperating to the extent of her ability.

Applicant caretakers who claim good cause and meet all other eligibility requirements are eligible once they provide evidence to support the claim and until the claim is decided.

Enrolled caretakers who claim good cause are eligible until their good cause claim is decided unless they fail to provide evidence to support the claim.

Ask the caretaker to provide evidence to support the good cause claim within 20 days of filing the claim. With supervisory approval, allow additional time if caretakers have difficulty getting proof. Assist caretakers in getting proof and pay the necessary costs from MA or MinnesotaCare administrative funds.

Use the Client Statement of Good Cause (DHS 2338) to tell clients of their right to claim good cause and the procedure for determining if good cause exists. Give this notice at the time of application, renewal, and when caretakers request to add children to the case. Put a copy of the signed notice in the case file.

There are 5 potential good cause situations:

• The child was conceived as a result of rape or incest. • Legal proceedings for the adoption of the child are pending. • The parent is trying to decide whether to place the child for adoption. The parent must be working with a public or licensed private social service agency, and the decision process cannot exceed three months. • Cooperation is anticipated to result in physical or emotional harm to the child. • Cooperation is anticipated to result in physical or emotional harm to the child’s caretaker. The harm must be severe enough to reduce the caretaker's capacity to care for the child.

Also see §0906.13.07 (Good Cause Determination).

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

GOOD CAUSE DETERMINATION 0906.13.07

Evidence to support a good cause claim includes but is not limited to:

• Police reports indicating the child was born as a result of rape or incest, or indicating domestic abuse toward the caretaker or child. • News reports detailing the arrest or conviction of the non-custodial parent for rape, incest, or domestic abuse. • Social service agency records. • Statements or records of a battered women’s shelter or other agency working with victims of domestic violence. • Restraining orders or other court documents indicating domestic abuse. • Statements or letters from an agency which is working with the caretaker in deciding whether to place the child for adoption. • Court records indicating that an adoption is in process. • Statements from friends, relatives, neighbors, co-workers, clergy, or others who are aware of the good cause circumstances. • Sworn statements from the caretaker describing the good cause circumstances. • Birth records that specifically indicate the child was conceived as a result of rape or incest.

NOTE:

Birth certificates rarely specify these circumstances. A birth certificate with no father’s name shown is not sufficient evidence without other documentation.

• Statements from doctors, psychiatrists, psychologists, or other health professionals describing the nature and degree of potential harm to the caretaker and/or children that could result from cooperating with medical support enforcement.

Help the caretaker determine what type of evidence is available to support his or her claim. Assist the caretaker in getting the evidence if needed. Explain that submitting evidence does not guarantee a finding of good cause and that lack of third party evidence does not result in an automatic denial of the claim. At a minimum, require a personal statement from the caretaker detailing the good cause circumstances.

Make good cause determinations on a case by case basis. Follow your agency’s procedures. County good cause committees make good cause determinations for MFIP, MA and residents of the county who apply for or receive Child Care Assistance. Counties who are MinnesotaCare enrollment sites also make determinations for MinnesotaCare when the household chooses the county as the enrollment site. The DHS good cause committee makes decisions for MinnesotaCare cases when the household chooses MinnesotaCare Operations as the enrollment site.

All good cause committees must include at least one representative from the child support enforcement agency. Forward the claim form, evidence, and other pertinent information to your agency’s good cause committee or designated contact person.

Consider the evidence, the person’s current situation, and the degree of cooperation that is likely to be required in deciding a good cause claim. Request additional information or interview the client by phone or in person if necessary. If investigating the claim will require contacting the non-custodial parent, notify the custodial parent or caretaker before making the contact.

Within 45 days of the date the claim is filed (or a longer period if a supervisor allows the caretaker more time to provide evidence), notify the caretaker and the IV-D agency of the final decision. There are two possible determinations:

• Approve the claim. The IV-D agency may take no action on the case. • Deny the claim. Notify the caretaker of these options:
• To cooperate. • To withdraw the application. • To withdraw the application or coverage for the caretaker. Explain that in this case IV-D may proceed to enforce medical support without the caretaker’s cooperation, if possible. • To appeal the agency’s good cause decision.

Advise clients who file good cause claims that IV-D must cease all action on the child support case for which good cause is pending or approved. For example, if a client who receives child support through income withholding files good cause for medical support, IV-D must cease all action to enforce the income withholding order. If the claim is denied or withdrawn, income withholding will resume. If the claim is approved, IV-D will not resume any enforcement activities.

Review approved good cause claims at least annually. The good cause committee that made the original decision may review the decision earlier when the factors that led to the good cause claim have changed. When the factors leading to an initial determination of good cause continue to exist, approve the claim under succeeding applications and reviews without new evidence.

A finding of good cause by the county good cause committee or the DHS MinnesotaCare committee does not require the other committee to make the same finding. However, IV-D may not take any enforcement action on the case while the original good cause approval is in effect and the program under which it was granted remains open.

EXAMPLE:

Margaret applies for Child Care Assistance in June. The county good cause committee approves her claim for one year beginning June 1. Margaret applies for MinnesotaCare at DHS two months later and claims good cause. The DHS MinnesotaCare committee denies her claim. IV-D cannot take any action to enforce medical support for MinnesotaCare as long as Child Care Assistance remains open. If the county good cause committee approves the claim again at the 1-year review, IV-D continues to be prohibited from taking action on any part of the case. If the county good cause committee denies a subsequent claim OR Child Care Assistance terminates, IV-D will pursue medical support.

If a household with an approved good cause claim moves to another county or a MinnesotaCare household changes enrollment sites, the good cause committee at the new site must review the claim at the 1-year approval expiration date.

EXAMPLE:

Norma applies for MinnesotaCare in County A. The county good cause committee approves her good cause claim for one year effective September 1. In December, Norma moves to County B. County B does not provide case maintenance for MinnesotaCare cases, so County A transfers the case to MinnesotaCare Operations. The DHS good cause committee must review Norma’s claim at the scheduled September date.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

PARENTAL FEES 0906.13.09

MinnesotaCare:

No provisions.

MA:

In some instances, parents who do not live with their minor children who get MA, or whose income and/or assets are not considered in determining MA eligibility for children who live with them, are liable for a fee to reimburse part of the child’s MA costs. DHS assesses and collects the fees for disabled children who are on TEFRA, receive services through the home- and community-based waivers, or are in 24-hour out-of-home placement on MA. The county assesses and collects MA parental fees in all other cases, including fees for non-disabled children in out-of-home placement.

Assess parental fees when:

• A child in the community lives apart from both parents and there is no court order for medical support. If there is a court order (including an order specifically stating that medical support is reserved) for either parent, refer that parent to IV-D if appropriate. See §0906.13 (Assigning Rights to Medical Support) and §0906.13.03 (Medical Support Referrals). Pursue a parental fee for the other parent. • A child is in foster care placement. Follow the rules of the Title IV-E program when the cost of care is paid by IV-E. Follow the first bullet above for children in non-IV-E placements.

Refer cases to DHS for collection of parental fees when:

• Parental income and assets are not counted in determining MA eligibility for a child living with the parents. This includes:
• Children eligible under TEFRA. • Children who receive waivered services under one or more of the following waivers: Mental Retardation or a Related Condition (MR/RC); Community Alternatives for Chronically Ill Individuals (CAC); Community Alternatives for Disabled Individuals (CADI); or Traumatic Brain Injury (TBI). See §0907.23 (MA Waiver Programs).
• A child open on MA is in 24-hour care facility outside the home with a diagnosis of mental retardation or a related condition, severe emotional disturbance, or a physical disability. DHS assesses and collects fees for these disabled children if MA is open, regardless of whether MA pays for the cost of care. Examples of facilities where DHS collects the fees include ICF-MR and Rule 5 facilities.

When DHS collects the fees for a disabled child in out-of-home placement for whom the county also pays placement costs from social services funds, the county may not charge an additional fee. At the end of each fiscal year, DHS sends a report to all counties identifying children for whom DHS is assessing a parental fee. Each county reports the amount of social services funds paid on behalf of the children listed. The county must deduct any money it has retained to reduce social services costs, such as RSDI, from the total expenditures. DHS will reimburse the county for its unrecovered expenditures up to the amount DHS has collected from the parents.

• Disabled children in RTCs if MA pays for the cost of care. DHS will assess and collect the parental fees for these children. If a child in an RTC is not disabled OR MA does not pay for the cost of care in the RTC, refer income information to the RTC. The RTC will determine the responsible relative's reimbursement amount. For minors in a Residential Treatment Center (RTC), parents can be billed for up to 10% of the per diem rate.

Give a copy of form DHS 2977 (Important Notice and Parental Fee Worksheet) to all parents of children for whom DHS will collect fees. Explain to parents that their liability for parental fees begins with the first month in which MA is effective or waivered services are received. Parents may be liable for fees through the month of the child’s 18th birthday.

Enter the proper eligibility type on MMIS to enable DHS to bill and collect a parental fee.

Do not deny or terminate assistance because a parent refuses to provide necessary information or does not pay the contribution amount. Legal action may be taken against parents who refuse to provide DHS with requested information. Parents can be required to reimburse the full amount of MA expended.

DHS uses the following formula to compute parental fees for disabled children. Counties may use this formula to assess parental fees for social services costs but are not required to do so.

1. Begin with the parent(s)' adjusted gross income (AGI) as reported on the previous year's Federal Tax Form 1040 (line 33) or 1040A (line 18). Do not include income of stepparents.

2. If the child lives with the parent(s), subtract $2,400 from the AGI of the parent(s) with whom the child lives.

4. Compare the result to the federal poverty guideline for the family size. Count the child receiving MA services in the family size. Also count parents and dependents up to age 21. Do not count stepparents in the household size.

The parental fee schedule effective July 2003 is:

AGI Monthly Fee

less than 100% FPG None

100% FPG-174% FPG $4.00

175% FPG-374% FPG Sliding scale from 1% to 7.5% of AGI.

375% FPG-674% FPG 7.5 % of AGI

675% FPG-974% FPG 10% of AGI

975% FPG and up 12.5 % of AGI

Divide annual fees by 12 to arrive at a monthly fee for billing purposes. Increase the monthly fee by 5% if the parents fail to obtain health insurance coverage for the child that is available through an employer at an annual cost to the parent(s) of no more than 5% of the family's federal adjusted gross income.

Parental fee amounts change each fiscal year due to annual changes in the Federal Poverty Guideline.

In addition to parents with AGI less than 100% FPG, parents are NOT responsible for a parental fee if:

• Parental rights have been terminated. • The child on MA is emancipated. See EMANCIPATED MINOR in §0902.11 (Glossary: Effective...). • The child receives state or Title IV-E adoption assistance.

GAMC:

No provisions.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

DISABILITY DETERMINATIONS 0906.15

MinnesotaCare:

No provisions.

MA:

People must be certified as blind or disabled to receive MA or the Medicare supplement programs using a blind or disabled basis of eligibility or to receive waivered services based on disability. See §0907.21.05 (MA/Medicare Supplement Basis: Blindness), §0907.21.07 (MA/Medicare Supplement Basis: Disability), and §0907.23 (MA Waiver Programs).

There are two ways in which people may be certified:

• Certification by the Social Security Administration. SSA makes determinations of blindness and disability as part of the eligibility determination for SSI and RSDI benefits. • Certification by the State Medical Review Team (SMRT). SMRT makes blindness and disability determinations for people who are ineligible for SSI or RSDI for reasons other than lack of blindness or disability and for people whose application for SSI or RSDI is pending. SMRT also makes level of care determinations for TEFRA. See §0907.23.09 (MA Waiver Programs: TEFRA).

In most cases, SMRT uses the same blindness and disability criteria as SSA. For the special category for disabled children, SMRT uses the childhood disability criteria in effect before the changes in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). See §0907.21.07.07 (Special Category: Disabled Children).

Disabled clients not receiving SSA benefits must apply if they appear eligible, or appeal if their RSDI or SSI benefits are terminated or denied based on a finding that they are not sufficiently disabled. If SMRT certifies disability pending the SSA determination and SSA denies disability, continue benefits pending the outcome of the appeal to SSA. This can continue until SSA has denied two appeals of the denial of the initial application. If SSA denies the second appeal, provide timely notice and close MA unless another basis of eligibility exists.

Refer cases to SMRT when there has been no disability determination by the Social Security Administration and the disability is expected to last 12 months or longer.

The following conditions are considered likely to be permanent by SSA. They are known as the Medical Improvement Not Expected (MINE) list. People with one of these conditions have a high likelihood of being found disabled by the SSA and SMRT. The reference codes are for SSA pamphlet "Disability Evaluation Under Social Security" which has more detailed information.

Use the MINE list as a guide in assessing potential disability certification. However, do not limit SSA or SMRT referrals to people with conditions on the MINE list.

1. Arthritis of one major joint in each upper extremity (1.04).

2. Disorders of the spine (arthritis manifested by ankylosis or fixation at 30 degrees or more) (1.05A).

3. Amputation or permanent loss of use of two limbs (1.09).

4. Amputation of leg at hip (1.10A).

5. Amputation of leg or foot because of diabetes or peripheral vascular disease (1.10B).

6. Statutory blindness unless due to cataracts or detached retina (markedly reduced ability to see, not correctable by surgery, glasses, or other treatment) (2.02, 2.03A/B).

7. Loss of visual efficiency (visual efficiency of better eye after best correction is 20% or less) (2.03C, 2.04).

8. Hearing loss not restorable by a hearing aid (2.08A/B).

9. Chronic obstructive airway disease (3.02).

10. Ischemic heart disease with chest pain of cardiac origin (4.04A/B).

11. Arteriosclerosis obliterans or thromboangiitis (4.13).

12. Chronic liver disease with esophageal varices resulting in massive hemorrhage or requiring shunt operation (5.05A/B).

13. Impaired renal function due to chronic progressive disease, incurable kidney disease resulting in severely reduced function which may require dialysis or transplant (6.02).

14. Diabetes mellitus with manifestation as required in section (9.08).

15. Central nervous system vascular accident, with manifestation as required in section (11.04).

16. Parkinsonian syndrome, with disturbance of movement, gait, or station as required in section (11.06).

17. Cerebral palsy, with manifestations as required in section (11.07).

18. Spinal cord or nerve root lesion resulting in paraplegia or quadriplegia (11.08).

19. Multiple sclerosis (11.09).

20. Amyotrophic lateral sclerosis (11.10).

21. Anterior poliomyelitis, with interference in swallowing, breathing, speech, or motor function as described in (11.11).

22. Muscular dystrophy (11.13).

23. Degenerative disease, such as Huntington's Chorea, Friedreich's Ataxia, and spinocerebellar degeneration as required in section (11.17).

24. Chronic brain syndrome (organic brain syndrome) with manifestations as required in section (12.02).

25. Functional psychotic disorders if institutionalized in a licensed mental hospital for the past 12 months without releases that would indicate improvement (12.03).

26. Functional non-psychotic disorders if institutionalized in a licensed mental hospital for the past 12 months without releases that would indicate improvement (12.04).

27. Severe mental retardation, with manifestations as required in section (12.05A, 12.05B, 12.05C).

28. Age 55 and over with a condition meeting requirements in 1 of these sections:

1.03A

Arthritis of major weight bearing joint.

2.09

Organic loss of speech.

3.04

Diffuse pulmonary fibrosis.

4.04C/D

Ischemic heart disease.

3.05

Other restrictive ventilatory disorders.

4.12

Chronic venous insufficiency.

10.05

Scleroderma or progressive system sclerosis.

11.15

Tabes dorsalis.

11.16

Subacute combined cord degeneration.

11.19

Syringomyelia

29. Age 55 and over with amputation of a limb.

30. Age 55 and over with two substantiated myocardial infarctions.

See §0906.15.03 (Disability Determination/SMRT Referral).

GAMC:

No provisions.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

DISABILITY DETERMINATION/SMRT REFERRAL 0906.15.03

MinnesotaCare:

No provisions.

MA:

See §0906.15 (Disability Determinations).

Complete a Determination of Disability form (DHS 1467A) for every submission to the SMRT. Attach documentation to support the client's physical, psychological, and/or MR/DD condition.

All disability referrals require results from a current physical examination within the last 3-6 months by a licensed physician. Acceptable medical sources are licensed physicians, osteopaths, psychologists, and optometrists. You may use naturopathic and chiropractic exams as well, but only if submitted with results of an examination from a licensed physician.

A physical disability referral requires a current diagnosis supported by objective medical evidence. This evidence includes:

• A medical history. • Clinical findings (results of a physical examination by a licensed physician). • Laboratory findings (such as blood tests, x-rays, EKGs). • A diagnosis of the medical and/or psychological condition. • Treatment plan with response and prognosis. • A statement providing an opinion about what the client can still do despite his or her impairments, based on the medical source's findings on the above factors. This statement should describe, but is not limited to, the client's ability to perform work-related activities, such as sitting, standing, walking, lifting, carrying, handling objects, hearing, speaking, and traveling. • For a child, the statement should describe the child's ability to function independently, appropriately, and effectively in an age-appropriate manner.

A psychological disability referral requires a complete psychiatric or psychological evaluation (no older than 12 months) by a licensed psychologist or psychiatrist. The evaluation must contain the following:

• The client's current life situation and sources of stress, including the reasons for the referral. • A history of the person's current mental health problem, including important developmental incidents, strengths, and vulnerabilities. • The current function and symptoms. • A diagnosis including whether or not a person has a serious and persistent mental illness and diagnosis on all five axes with GAF scores including AXIS III. • Information about required mental health services. • Treatment plan, therapy goals, and progress the client is making in therapy.

The psychological evidence submitted may be up to 12 months old if it accurately describes the client's condition. If the client's condition has changed, obtain an updated progress note from the mental health professional. This progress note should be no more than three months old and must indicate the current and potential risk for hospitalization. The progress note must include the following:

• The client's current condition/behavior. • Medication management. • Change in or failure of medications.

People who have a mental condition (either mental illness or mental retardation) as a possible referral basis must provide the SMRT with both a physician's statement describing the current results of a physical exam and a description of their mental impairment(s). If the person has a physical condition that could be the basis of a disability determination, the physician should describe that condition, including current medical findings.

A mental retardation/developmental delay diagnosis requires a full scale IQ score, or any other evaluation from a health care professional that assesses mental functioning if the client is unable to be tested.

If the client is deceased, send a discharge summary from the last hospitalization and a death certificate from the Department of Health.

If the client's application for SSI/RSDI has been denied, include the denial letter.

Assist clients in obtaining necessary documentation in support of a SMRT referral. Pay any costs associated with obtaining the documents out of MA administrative funds.

Mail all disability referrals to:

State Medical Review Team

Department of Human Services

P.O. Box 64984 St. Paul, MN  55164-0984

Clients who do not cooperate in the process cannot use disability as a basis of eligibility. Check for other bases of eligibility. Terminate or deny cases if none exists.

All incomplete disability applications will be returned to your office with a Request for Additional Information. Incomplete information will delay the SMRT determination.

Retain a copy of the materials submitted to SMRT in your agency's case file pending the outcome of the determination by the SMRT. The SMRT returns its determination and the supporting evidence to your agency. In some cases the SMRT must request additional information. A SMRT decision is binding on your agency, although clients may appeal. See §0917 (Appeals).

GAMC:

No provisions.

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***This version of the manual is no longer in effect as of December 1, 2006.*** Current Manual.

TECHNICAL FACTORS--GAMC 0906.17

MinnesotaCare:

No provisions.

MA:

No provisions.

GAMC:

GAMC applicants must complete the form Required Questions for GAMC (DHS 3423) at the time of application.

People are ineligible for GAMC if they admit in writing on the form that they:

• Were convicted of a drug felony on or after 7-1-97. This disqualification also applies if the county agency has other reliable verified documentation that a person has been convicted of a drug felony.

A person convicted of a drug felony is ineligible for 5 years from the date of completion of the terms of the court-ordered sentence, UNLESS the person meets one of the following conditions:

• Participates in a drug treatment program. • Has successfully completed a drug treatment program. • Has been assessed as NOT needing a drug treatment program.

People who meet one of the above conditions are eligible for GAMC if they meet all other eligibility requirements. However, the convicted person is subject to random drug testing as a condition of eligibility. DHS suggests that county agencies coordinate efforts with local probation or court services to establish procedures and share costs of random drug testing for these clients.

If the client fails a drug test, or the county is informed by a probation officer or other official entity that the client has failed a drug test, the client is ineligible for assistance for 5 years beginning the 1st of the month following the month of the positive test result for an illegal controlled substance.

A subsequent drug conviction while receiving assistance results in ineligibility for the convicted person beginning the month after the date of conviction, and continuing for 5 years after completion of sentence.

Do not disqualify other household members because of one member’s drug conviction or drug test failure. Continue to deem the ineligible member’s income and assets. See §0908.07 (Household Composition: Deeming).

• Are currently in violation of a condition of probation, parole, or supervised release. This disqualification also applies if the county agency has other reliable verified documentation that the client is a parole violator.

Parole violators are ineligible until they provide documentation that they are no longer in violation. Other household members remain eligible. Continue to deem the ineligible person’s income and assets. See §0908.07 (Household Composition: Deeming).

• Are currently fleeing prosecution, custody, or confinement after being convicted of a felony. This disqualification also applies if the county agency has other reliable verified documentation that the client is a fleeing felon.

Fleeing felons are ineligible until they provide documentation that the issue has been resolved. Other household members remain eligible. Continue to deem the ineligible person’s income and assets. See §0908.07 (Household Composition: Deeming).

• Have been convicted of making a fraudulent statement regarding residence in order to receive duplicate assistance simultaneously within a state or from two or more states. These people are ineligible for 10 years from the date of conviction. This disqualification also applies if the county agency has other reliable verified documentation that the client has been convicted of fraud based on false statements about residency.

Other household members remain eligible. Continue to deem the ineligible person’s income and assets. See §0908.07 (Household Composition: Deeming).

• Received SSI or RSDI that ended after 3-29-96 because of drug addiction and/or alcoholism. If the person responds "no" to this question but the case record contains contradictory information, submit a question to DHS via HealthQuest with a heading of "DA&A Review". Fax all necessary documentation. Continue eligibility unless the HealthQuest response directs otherwise. Close GAMC if the person responds "yes" to this question.

If you deny or terminate GAMC due to DA&A, send E-mail to Julie Skoy MAXIS E-mail GTW) with the following information:

Subject: DA&A Denial/Termination

(Enrollee Name) (PMI Number) has been denied/terminated from GAMC due to DA&A effective (date). He answered "yes" to DA&A.

Require people to complete Required Questions for GAMC (DHS 3423) only at the time of application. Do not require the form at any other time, including renewal.

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