CITIZENSHIP ELIGIBILITY DESK AID

Transcription

1 CITIZENSHIP ELIGIBILITY DESK AID CITIZENS or NONCITIZENS Citizen by birth, naturalization, or American Indian born in Canada LPR who is a U.S. Veteran, or Active Duty; Spouses and Unmarried Dependents. Refugee, or Trafficking victim, or Asylee,or Cuban-Haitian, or Amerasian, or Person Whose Deportation is Withheld or Hmong or Highland Laotian LPR Non-citizen in U.S. at least 5 years if admission after 8/22/96 This potential eligibility based on citizenship/non-citizen status. The person has to meet all other program rules to receive the benefit. FEDERAL BENEFITS CASH AND FOOD ASSISTANCE MEDICAID PROGRAMS REFUGEE ASSISTANCE RSDI 1 CHILDREN under 19 ADULTS (19 and over) SOCIAL SECURITY 2 SSI 3 MEDICARE2 TANF SNAP All Kids Share or Premium ACA Adult Family Care Moms and Babies & MPE if discharge is other than dishonorable but limited to 7 years, see AABD Refugee rules apply even after status adjusts to LPR Must also have at least 40 work credits as Repatriate AABD 65+, BLIND/DISABLED AABD AABD or Cash 2 HBWD Medical MARKETPLACE NA Refugee rules apply even after status adjusts to LPR for 8 months from entry when SSI expires after 7 years NA LPR Noncitizen in U.S. before 08/22/96 NA Iraqi or Afghan special 1 RSDI: Retirement, Survivors and Disability Insurance a work history of sufficient duration to be able to receive benefits is required. 2 This assumes the individual has sufficient qualifying work credits where Social Security taxes have been paid. Medicare is available at 65 if sufficient work history exists. Enrolled prior to 65 if receiving Social Security disability for 2 years or diagnosed with ESRD or ALS. If insufficient work history to receive Part A coverage premium free, a person who is 65 can elect to enroll if willing to pay a Part A premium. 3 Must also be 65+, Disabled or Blind have low income and limited assets

2 CITIZENSHIP ELIGIBILITY DESK AID This potential eligibility based on citizenship/non-citizen status. The perso n has to meet all other program rules to re ceive the benefit. CITIZENS or NONCITIZENS immigrants LPR granted special immigrant status under Section 101(a)(27) Abused Noncitizen adult or child (VAWA) LPR under 5 years and does not have 40 work quarters Non-citizens who do not meet one of the above criteria Deferred Action for Childhood Arrivals (DACA) Previously unauthorized non-citizen children who are eligible to live and work in U.S. RSDI SOCIAL SECURITY 2 FEDERAL BENEFITS CASH AND FO D ASSISTANCE MEDICAID PROGRAMS REFUGEE CHILDREN under 19 SSI MEDICARE2 TANF SNAP All Kids Share or Premium Limited Eligibility 4 ACA Adult ADULTS (19 and over) Family Care Moms and Babies & MPE ASSISTANCE Ineligible Ineligible Ineligible Ineligible Ineligible Ineligible NA ELIGIBLE if Refugee or Asylee and adjusted to LPR Ineligible TANF can be issued to U.S. citizen children Ineligible Ineligible Ineligible Ineligible Ineligible TANF can be issued to U.S. citizen child Limited 5 NA Eligibility If eligible children in the home benefits can be issued for the child ELIGIBLE If received ER care for a life threatening health crisis ELIGIBLE If received ER care for a life threatening health crisis AABD 65+, BLIND/DISABLED AABD AABD or Cash 2 HBWD Medical Cash - Ineligible Ineligible unless ESRD 6 MARKETPLACE Ineligible Ineligible NA Ineligible** Ineligible Ineligible ELIGIBLE If received ER care for a life threatening health crisis Ineligible Ineligible Ineligible Ineligible Ineligible Ineligible ELIGIBLE If received ER care for a life threatening health crisis if pregnant if pregnant ELIGIBLE If received ER care for a life threatening health crisis Ineligible Ineligible Ineligible Ineligible 4 ONLY if on SSI before 8/22/96 OR LPR after 8/22/96 must have 5 years residence and 40 credits OR living in U.S. on 8/22/96 and became disabled after that date 5 To be eligible must be under 18, or veteran, or disabled or blind, or LPR with 40 work credits 6 ESRD: End Stage Renal Disease Covers only the dialysis. If the individual receives medical care due to a life threatening emergency then review the section for non-citizens who do not fit special criteria.

3 Classifications that Receive Work Authorization Visa Classification Definition E-1, E-2 Treaty trader or Treaty investor F-1 Foreign academic student, when certain conditions are met H-1B, H-1C, H-2A, H-2B, H-3 Temporary worker I Foreign information media representative J-1 Exchange visitor, when certain conditions are met K-1 Fiancé of a U.S. citizen L-1 Intra-company transferee M-1 Foreign vocational student O-1, O-2 Temporary worker in the sciences, arts, education, business, or athletics P-1, P-2, P-3 Temporary worker in the arts, athletics in an exchange or cultural program Q-1, Q-2 Cultural exchange visitor R-1 Temporary religious worker with a nonprofit organization TC Professional business worker admitted under U.S.- Canada Free Trade Act (NAFTA) TN Professional business worker admitted under NAFTA None Deferred Action for Childhood Arrivals (DACA/DREAMer) I-797 Notice of Action issued The U.S. has 60 different types of visas. Above is a list of the types of visas that are usually authorized for employment. Samples of common immigration forms can be obtained at this is also a great site for information and resources as you work with non-citizens.

4 Fact Sheet: Deferred Action for Childhood Arrivals (DACA) and ACA Source: Background: Deferred Action for Childhood Arrivals (DACA) DACA and ACA What health care options do DACAeligible individuals have? A new policy by the U.S. Department of Homeland Security (DHS) allows certain young non-citizens who do not have lawful immigration status, and who came to the United States as children, to remain in the U.S. temporarily without fear of deportation. This new policy is called Deferred Action for Childhood Arrivals (DACA). Non-citizens who are approved for DACA are not deported and can get permission to legally work in the U.S. for two years, with possible renewal. To qualify for DACA, non-citizen youth must have come to the U.S. before age 16, must have attended school in the U.S. or served in the military, and meet other eligibility requirements. On August 28, 2012, federal policy that specifically affects eligibility for federal health care programs for individuals granted Deferred Action for Childhood Arrivals (DACA) was released. This policy does not affect any other immigration category and does not affect individuals granted deferred action outside of DACA. Youth granted deferred actions under DACA are not eligible to obtain coverage through the new health care Marketplace. There are a couple of exceptions to this exclusion: Youth through age 18, even those present under DACA, are able to enroll in medical coverage through the Illinois All Kids program Anyone who is pregnant, regardless of status, is able to apply for the Medicaid Moms and Babies program. The following health specific programs are available regardless of immigration status: Community Health Centers Public and safety-net hospitals Public health services (treatment of communicable diseases like tuberculosis, HIV, or other STDs, immunizations) Emergency treatment, including treatment under the Emergency Medicaid program, including labor and delivery for pregnancy Hospital and community health center financial assistance programs (also called charity care)

5 Tips for Applications for Non-citizens Marketplace won t enroll saying Medicaid eligible but person not eligible for Medicaid due to 5 year limitation Problems with verifying identity Call the ABE call center and apply asking for an immediate decision. Once denied, you can go back to the Marketplace application and say the Medicaid was denied, opening the portal to completing the Marketplace enrollment. If continued problems please submit their application IDs to gov.ilmarketplace@illinois.gov Many non-citizen consumers are having difficulties with the identity verification process when creating an application through healthcare.gov. These consumers are able to skip the verification process by completing an application via the Marketplace Call Center ( ). Before or during the call, they can use thehealthcare.gov Premium Estimator tool to see details about the plans that are available to them. This is likely the fastest way for a consumer to complete an application, and likely the only way to enroll during the initial Navigator/IPC enrollment appointment. Uploading Verification Dependent outside the country Entering non-citizen names on the application Refugee adjusted status and now being denied saying the person does not meet 5 year residence requirement For consumers that would prefer to create an account on healthcare.gov to enroll, please see this FAQ for more information: If you are working with a consumer that needs to upload additional documentation verifying their income or citizenship, you can review the upload fields on healthcare.gov here: ange/income%20and%20citizenship%20upload%20fields.pdf If a consumer has a dependent that lives outside of the county, they can follow these instructions for including them on a Marketplace application. All dependents (whether they live inside or outside of the country) must be included on the Marketplace application for a correct determination of household size. An applicant with a dependent not living in the U.S. only should list the dependent s name on the application. The residence address field for this outof-country dependent should be left blank. When asked for the mailing address, the applicant s residence should always be used. These instructions apply to all out-of-country dependents listed on the application. HHS is now recommending that non-citizens enter their names in all capital letters on the application, omit any special characters (such as apostrophes or hyphens) contained in their name, and make sure that no spaces are entered at the end of a first or last name. If a person is admitted as a refugee and later adjusts to LPR, the person continues to be eligible without a 5 year wait even if their status adjusts. If there is denial for this reason, please submit their application IDs to gov.ilmarketplace@illinois.gov

6 Fact Sheet: Immigration Status and Public Benefits Source: As part of eligibility requirements, most public benefits programs only offer benefits and services to U.S. citizens and certain legal residents. A few programs do make some of their services available to non-citizens. Persons who are qualified non-citizens can... Purchase health coverage through the Marketplace and are responsible to prove coverage at tax filing Enroll in all Medicaid programs if eligibility requirements are met What options do I have to obtain health coverage and other services if I am a Non- Citizen? What if I am not a Legal Immigrant but my Children are? When is Receiving Public Benefits Bad for my Immigration Status? Persons who are lawfully present can Purchase health coverage through the Marketplace and are responsible to prove coverage at tax filing. Enroll in Medicaid if pregnant or a child age 18 or younger (this meets the individual responsibility to be insured) Obtain emergency medical coverage through the Medicaid program as long as the individual s situation meets the Medicaid definition of emergency and the person would qualify for one of the Medicaid programs if non-citizen requirements are met Persons who are unauthorized non-citizens can Enroll in Medicaid if pregnant or a child age 18 or younger Obtain emergency medical coverage through the Medicaid program as long as the individual s situation meets the Medicaid definition of emergency and the person would qualify for one of the Medicaid programs if non-citizen requirements are met Obtain primary and ongoing health care through clinics called Community Health Centers, Federally Qualified Health Centers or local Departments of Public Health Available to any one regardless of status Many community-based programs run by non-profit organizations also offer a range of services to non-citizens. Nutrition programs such as soup kitchens and food banks are also available to those without legal immigration status including the Women, Infants and Children program (WIC) if the noncitizen meets the income and program requirements. Parents who are not citizens or legal residents can still apply for public benefits and social services for their children who are citizens. For example, non-citizen parents can apply for TANF cash benefits, food stamps and Medicaid for their children who are citizens. Non-citizen parents do not need social security numbers to complete applications and can be the payee on their children s public benefits cases. When applying for legal immigration status, the government may look back to see whether or not you received government benefits to support yourself at anytime before applying to be a legal immigrant. Individuals who are found to be a public charge or dependent on government benefits to support themselves may find it difficult to successfully apply for legal immigrations status. But, receiving benefits for citizen children does not have a negative impact on immigration status. TIP: The government agencies that run public benefits programs do not report contact with unauthorized non-citizens to U.S. immigration officials. So, non-citizens should not worry that applying for benefits for a citizen family member will cause them to be reported to immigration officials.

7 Non-Citizen Status Who is a Qualified Noncitizens Who is lawfully present? Who is an Unqualified Non-Citizen? Noncitizens in the following categories may meet the definition of "qualified lawful permanent residents (LPRs) (green card holders), usually with a 5 year wait period asylees refugees parolees (paroled into the United States for a period of at least one year) noncitizens granted withholding of deportation by the INS conditional entrants Cuban and Haitian entrants certain battered immigrant spouses and children certain victims of trafficking an Iraqi or Afghan alien granted special immigrant status (SIV) under section 101(a)(27) of the Immigration and Nationality Act. Note: Other categories of noncitizens who are often eligible for federal benefits are Amerasian immigrants, members of Hmong and Highland Lao tribes who assisted the U.S. military during the Vietnam War, and American Indians born in Canada or Mexico. "Lawfully present" are immigrants or noncitizens who have been inspected and admitted into the United States and not overstayed the period for which they were admitted, or have current permission from the U.S. Citizenship and Immigrant Services (CIS) to stay or live in the U.S. Lawfully present persons include all Qualified non-citizens plus Authorized non-citizens in U.S. under 5 years Individuals with approved visa petitions who have applied for adjustment to LPR status Non-immigrants with visas that authorize the person to live and work in the U.S. (workers with special skills, students, etc.) Unqualified noncitizens is a federal term referring to noncitizens who are undocumented and do not meet alien status requirements. Unqualified non-citizens generally have no documentation or have expired documentation or have applied for suspension of deportation or cancellation of removal or have applications pending for adjustment or asylum or are lawful temporary residents under an amnesty program or are non-immigrants (with temporary protected status; or student, visitor, or temporary worker visas)

8 Income Limits Medicaid and the Marketplace MONTHLY AMOUNTS Non-MAGI Standards AND 2014 Medicaid MAGI Equivalent Standard (Rates update in early 2015) # in unit AABD/QMB 100% FPL NON-MAGI Benefit Programs SLIB QI-1 Over 100% 120% to less to less than than 135% FPL 120% SNAP SNAP QM* FamilyCare ACA All Kids Assist MAGI (Modified Adjusted Gross Income) Programs All Kids Share All Kids Level 1 All Kids Level 2 130% FPL 200% FPL ADULTS CHILDREN CHILDREN CHILDREN CHILDREN FPL Changes 11/15 Moms & Babies INCLUDE UNBORN CHILD 1 $973 $1,166 $1,312 $1,267 $1,945 $1,342 $1,430 $1,527 $2,033 $3, ,311 1,572 1,769 1,705 2,622 1,809 1,927 2,058 2,740 4,168 $2, ,649 1,978 2,225 2,144 3,298 2,276 2,424 2,589 3,447 5,244 3, ,988 2,384 2,682 2,584 3,975 2,743 2,922 3,120 4,154 6,320 4, ,326 2,790 3,139 3,024 4,652 3,210 3,419 3,652 4,861 7,396 4, ,664 3,196 3,596 3,464 5,328 3,677 3,916 4,183 5,568 8,472 5,675 Each add'l , Premium and Annual Copayment Maximum Premium NA $0 $0 $0 1 child $15 $40 per child Marketplace This rate remains in place through all of 2015 ANNUAL AMOUNTS CSR Cost Sharing Reduction APTC Premium Tax Credits 250% FPL 400% FPL $29,172 $46,680 39,324 62,920 49,476 79,160 59,628 95,400 69, , , , ,236 $0 Varies based on plan selected 2 children $25 Each add'l child: $5 $80 for 2 or more children $40 for 5 or more children Annual Copayment Maximum Varies based on co-pays $0 $0 $100 per family $100 per family $500 per child $0 Varies based on plan selected Compiled by the DuPage Federation on Human Services Reform August 2014

9 Applicant is: Applicant will file taxes for current taxable year and is not a tax dependent Applicant is tax dependent who will be claimed by a parent or stepparent Who you should include in one ABE Application/Household? Medicaid *Names to include on application Applicant and all his or her dependents (regardless of dependents age or relationship to the applicant) and spouse if living together, whether filing jointly or not Applicant, tax filer, all dependents of tax filer, and tax filers spouse if living together SNAP with or without Medicaid Names to include on application Applicant is not a tax filer, or tax dependent of parent/stepparent, OR Applicant does not know whether he/she will file taxes or be claimed as a tax dependent for current year Applicant and the following persons who applicant lives with - applicant s: _spouse, _biological, adopted or stepchildren under age 19, _other parent of the child for whom they are applying or if applying for other parent, _any other children under age 19 for whom applicant is applying If applicant is under age 19 also include the following persons who he or she lives with- applicant s: _parents (biological, adoptive, or step), and _applicant s siblings who are also under age 19 (biological, adoptive, or step) Include everyone in the household including people not requesting assistance * For medical this applies to all living situations including for persons who are homeless

10 When do you need to complete a separate ABE application? Applicant is: Who can sign the application Example Adult Applies for other Adult(s) in a Tax Filer Household Adult Applies for Other Adult(s) in a Non-Tax Filer Household Children A tax filer or other adult who is included in the tax filer's tax household may apply and sign an application on behalf of: Their spouse who they live with, and The individuals who are included in the tax filer's household, regardless of the tax filer's or tax dependents' age or relationship to the person who is signing the application. Adults may only apply and sign an application on behalf of their spouse, or their partner if the partners have children in common, otherwise separate applications must be filed. When application is made for a child under the age of 18 years, the application must be signed by: an individual with whom the child lives who intends to claim the child as a tax dependent, or the child's caretaker relative with whom the child lives. Mom applies for herself and her 21 year old son who she will claim as a tax dependent. Mom can sign the application for her 21 year old son, but a separate case will be established for the son. Mom applies for herself and her 21 year old son. Neither Mom, nor her son is tax filers. The adult son must file a separate application. Sue is 17 and stays with family friends since her parents won t let her return home. The friends will not claim her on their taxes. Sue can apply and sign her own application. Pregnant Women When a child lives with a parent, that parent shall be designated as the caretaker relative. However, if the child does not live with a caretaker relative or tax filer who is claiming the child, the application may be signed by: the child's guardian, an individual who is acting responsibly in behalf of the child, or the child. A pregnant woman may apply on her own behalf, regardless of her age or who she lives with. Jan is 15 and pregnant. She lives at home with her parents. Jan can apply and sign her application. Information will still need to be provided about Jan s parents as well as if they claim her on their taxes.

11 Application through ABE: Types of Proof that May be Needed The state attempts to verify as much as possible electronically, but if the electronic match is not available you will be contacted to provide the information. If you have these items, it is best to attach them to the application when it is completed in order to prevent any delay due to the need to do this follow up contact. Proof that may be needed Proof of Citizenship Examples of Documents That May Serve as Proof Provide one of the following: US Passport Certificate of Naturalization Certificate of US Citizenship(N-560 or N-561) Document from a federally recognized Indian Tribe If these are not available provide one item from each column for each U.S. Citizen IDENTITY PLACE OF BIRTH Driver s License State Issued ID card Certified copy of a birth certificate from the state or county where the person was born School ID U.S. Military ID U.S. military dependent card Other government ID (city, county, or state issued) For children under age 16, school or daycare records, or a parent or guardian s signature on this application Final adoption decree Official military record that shows a place of birth Papers showing the person was employed by the U.S. government before 1976 Proof Social Security Number or SSN application Proof of relationship Proof of School Attendance Proof of Illinois Residency Proof-Disability Proof-Pregnancy Social Security Card, Receipt for application for a SSN Adoption records, legal birth certificate, family Bible or Baptismal record, court records or other legal documents, child support paternity records, hospital or public health record, marriage license/certificate, Social Security record, Government or military record Collateral contact with school, Verification of School Attendance (Form 541 or 541CF) Illinois driver s license, rent/lease/mortgage receipt, utility bill, document from U.S. Department of Homeland Security, medical records/clinic cards, homeowners insurance, statement from homeless shelter, property tax bill, employment records, school enrollment records, mail document showing postmark within last 30 days with Illinois address, other ID with a name and address Medical records about blindness and disability, Psychiatric/Psychological examination report or receipt of SSI, SSA, Railroad, Veterans or other benefits based on blindness or disability A signed statement from a doctor, nurse, or other qualified medical provider with the

12 expected date of delivery and the number of babies expected Proof-Medicare Proof-Living With Proof-Other liquid assets Proof-Non Liquid assets Proof-Earned Income Proof-Unearned Income Proof-Rental Property/room payments Proof-Medical expenses Proof-Expense (other) Award letter, Medicare card (red, white and blue card) Proof of a child living with a parent or caretaker relative Bank statement or other acceptable documents Sales documents or agreements, payments of tax records, legal documents, court records, documents verifying ownership, bank or financial institution statement, award letter, recent check stub(s), recent income tax records, closing document/contracts, insurance policy Employer statement, last 30 days of check stubs or earning statement Statements or documents showing income received in the last 30 days, grant or award letters Recent accounting or other business records to date, recent rental receipts, current lease or rental agreement, written statement from renter Client statement for Medical transportation, Health Insurance policy, Health insurance Premium Notice, Medical bill (paid or unpaid), provider statement of expense (must show who the service was for, date of service and providers name) Leasor/Rent statement from a facility, statement from utility provider, current bill/receipt/money order/cancelled check