When one member of a couple moves to a nursing home, we expect that spouse will be the first to die, but this isn’t alw...Read more
Proof of Citizenship Needed for Medicaid Applications or Renewals
- June 26th, 2006
Beginning July 1, 2006, Medicaid applicants in most states will have to show proof of citizenship or nationality in order to be eligible for the program. The new requirement is part of the Deficit Reduction Act of 2005, which Congress passed in February 2006. It also applies to Medicaid recipients who are renewing their Medicaid eligibility. Applicants have 45 days to supply the documentation. Applicants with disabilities have 90 days. Some states, including California and Ohio, are delaying implementation of the citizenship requirement.
You can prove citizenship by providing one of the following documents:
- U.S. passport (it does not have to be currently valid as long as it was issued without limitation)
- Certificate of nationality
- Certificate of citizenship
If you do not have one of those documents, you can provide one of the following documents with proof of identification (see below):
- State or local birth certificate
- Letter from the State Department issued to children born abroad (Certification of Report of Birth, Consular Report of Birth Abroad of a Citizen of the United
- States of America, or Certification of Birth Abroad)
- U.S. citizen identification card issued by the I.N.S.
- American Indian card
- Northern Mariana card
- Final adoption decree
- Evidence of civil service employment by the United States
- Official military record of service.
If none of these documents are available, other documentation may be used, including medical records from hospitals, records from life and health insurance companies, and census records. For a complete list of possible documents, click here. (If you do not have the free PDF reader installed on your computer, download it here.)
You will need one following documents to supply proof of identification:
- Driver's license with photograph
- Passport issued with limitations
- School identification card with photograph
- U.S. military card or draft record
- Military dependent's identification card
- Federal, state, or local identification card with same information as driver's license
- Native American Tribal document
- U.S. Coast Guard Merchant Mariner card
NEWS UPDATE: Medicaid beneficiaries have filed a class-action lawsuit alleging that the new law requiring proof of citizenship violates the Fifth Amendment of the U.S. Constitution regarding due process of law. For details, click here.
Local Elder Law Attorneys in Ashburn, VA
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...