SECTION 317:35-5-25. Citizenship/alien status and identity verification requirements

(a)   Citizenship/alien status and identity verification requirements. Verification of citizenship/alien status and identity are required for all adults and children approved for SoonerCare. An exception is individuals who are initially eligible for SoonerCare as deemed newborns; according to Section 1903(x) of the Social Security Act, they will not be required to further document citizenship or identity at any subsequent SoonerCare eligibility redetermination. They are considered to have provided satisfactory documentation of citizenship and identity by virtue of being born in the United States.

(1)   The types of acceptable evidence that verify identity and citizenship include:

(A)   United States (U.S.) Passport;

(B)   Certificate of Naturalization issued by U.S. Citizenship & Immigration Services (USCIS)(Form N-550 or N-570);

(C)   Certificate of Citizenship issued by USCIS (Form N-560 or N-561);

(D)   Copy of the Medicare card or printout of a BENDEX or SDX screen showing receipt of Medicare benefits, Supplemental Security Income or disability benefits from the Social Security Administration; or

(E)   Tribal membership card or Certificate of Degree of Indian Blood (CDIB) card, with a photograph of the individual.

(2)   The types of acceptable evidence that verify citizenship but require additional steps to obtain satisfactory evidence of identity are listed in subparagraphs (A) and (B). Subparagraph (A) lists the most reliable forms of verification and is to be used before using items listed in (B). Subparagraph (B) lists those verifications that are less reliable forms of verification and are used only when the items in (A) are not attainable.

(A)   Most reliable forms of citizenship verification are:

(i)   A U.S. public Birth Certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after 1/13/1941), Guam (on or after 4/10/1899), the U.S. Virgin Islands (on or after 1/17/1917), American Samoa, Swain's Island, or the Northern Mariana Islands after 11/4/1986. For Puerto Ricans whose eligibility is being determined for the first time on or after October 1, 2010 and using a birth certificate to verify citizenship, the birth certificate must be a certified birth certificate issued by Puerto Rico on or after July 1, 2010;

(ii)   A Report of Birth Abroad of a U.S. citizen issued by the Department of Homeland Security or a Certification of birth issued by the State Department (Form FS-240, FS-545 or DS-1350);

(iii)   A U.S. Citizen ID Card (Form I-179 or I-197);

(iv)   A Northern Mariana Identification Card (Form I-873) (Issued by the INS to a collectively naturalized citizen of the U.S. who was born in the Northern Mariana Islands before 11/3/1986);

(v)   An American Indian Card issued by the Department of Homeland Security with the classification code "KIC" (Form I-872);

(vi)   A Final Adoption Decree showing the child's name and U. S. place of birth;

(vii)   Evidence of U.S. Civil Service employment before 6/1/1976;

(viii)   An Official U.S. Military Record of Service showing a U.S. place of birth (for example a DD-214);

(ix)   Tribal membership card or Certificate of Degree of Indian Blood (CDIB) card, without a photograph of the individual, for Native Americans;

(x)   Oklahoma Voter Registration Card; or

(xi)   Other acceptable documentation as approved by OHCA.

(B)   Other less reliable forms of citizenship verification are:

(i)   An extract of a hospital record on hospital letterhead established at the time of the person's birth that was created five years before the initial application date and that indicates a U.S. place of birth. For children under 16 the evidence must have been created near the time of birth or five years before the date of application;

(ii)   Life, health, or other insurance record showing a U.S. place of birth that was created at least five years before the initial application date and that indicates a U.S. place of birth;

(iii)   Federal or State census record showing U.S. citizenship or a U.S. place of birth (generally for persons born 1900 through 1950). The census record must also show the applicant's/member's age; or

(iv)   One of the following items that show a U.S. place of birth and was created at least five years before the application for SoonerCare. This evidence must be one of the following and show a U.S. place of birth:

(I)   Seneca Indian tribal census record;

(II)   Bureau of Indian Affairs tribal census records of the Navajo Indians;

(III)   U.S. State Vital Statistics official notification of birth registration;

(IV)   An amended U.S. public birth record that is amended more than five years after the person's birth; or

(V)   Statement signed by the physician or midwife who was in attendance at the time of birth.

(3)   Acceptable evidence of identity that must accompany citizenship evidence listed in (A) and (B) of paragraph (2) of this subsection includes:

(A)   A driver's license issued by a U.S. state or territory with either a photograph of the individual or other identifying information such as name, age, sex, race, height, weight, or eye color;

(B)   A school identification card with a photograph of the individual;

(C)   An identification card issued by Federal, state, or local government with the same information included on driver's licenses;

(D)   A U.S. military card or draft record;

(E)   A U.S. military dependent's identification card;

(F)   A Native American Tribal document including Certificate of Degree of Indian Blood, or other U.S. American Indian/Alaska Native Tribal document with a photograph of the individual or other personal identifying information;

(G)   A U.S. Coast Guard Merchant Mariner card;

(H)   A state court order placing a child in custody as reported by the OKDHS;

(I)   For children under 16, school records may include nursery or daycare records;

(J)   If none of the verification items on the list are available, an affidavit may be used for children under 16. An affidavit is only acceptable if it is signed under penalty of perjury by a parent or guardian stating the date and place of the birth of the child and cannot be used if an affidavit for citizenship was provided.

(b)   Reasonable opportunity to obtain citizenship verification.

(1)   When the applicant/member is unable to obtain citizenship or alienage verification, a reasonable opportunity is afforded to the applicant/member to obtain the evidence as well as assistance in doing so. A reasonable opportunity is afforded to the applicant/member before taking action affecting the individual's eligibility for SoonerCare. The reasonable opportunity timeframe afforded to SoonerCare members is the same as authorized under Section 1902(ee) of the Social Security act and is stated on the documentation request the agency sends to the applicant/member.

(2)   The following methods of verification are the least reliable forms of verification and should only be used as a last resort:

(A)   Institutional admission papers from a nursing facility, skilled care facility or other institution. Admission papers generally show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth;

(B)   Medical (clinic, doctor, or hospital) record created at least five (5) years before the initial application date that indicates a U.S. place of birth. For children under the age of sixteen (16), the document must have been created near the time of birth. Medical records generally show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth. An immunization record is not considered a medical record for purposes of establishing U.S. citizenship;

(C)   Written affidavit. Affidavits are only used in rare circumstances. If the verification requirements need to be met through affidavits, the following rules apply:

(i)   There must be at least two affidavits by two (2) individuals who have personal knowledge of the event(s) establishing the applicant's/member's claim of citizenship;

(ii)   At least one (1) of the individuals making the affidavit cannot be related to the applicant/member;

(iii)   In order for the affidavit to be acceptable, the persons making them must be able to provide proof of their own citizenship and identity;

(iv)   If the individual(s) making the affidavit has information which explains why evidence establishing the applicant's/member's claim of citizenship does not exist or cannot be readily obtained, the affidavit must contain this information as well;

(v)   The State must obtain a separate affidavit from the applicant/member or other knowledgeable individual (guardian or representative) explaining why the evidence does not exist or cannot be obtained; and

(vi)   The affidavits must be signed under penalty of perjury.

(c)   Alienage verification requirements. SoonerCare services are provided as listed to the defined groups as indicated in this subsection if they meet all other factors of eligibility. Persons determined as having lawful alien status must have the status verified through Systematic Alien Verification for Entitlement (SAVE).

(1)   Eligible aliens (qualified aliens). The groups listed in the following subparagraphs are eligible for the full range of SoonerCare services. A qualified alien is:

(A)   an alien who was admitted to the United States and has resided in the United States for a period greater than five (5) years from the date of entry and who was:

(i)   lawfully admitted for permanent residence under the Immigration and Nationality Act;

(ii)   paroled into the United States under Section 212(d)(5) of such Act for a period of at least one (1) year;

(iii)   granted conditional entry pursuant to Section 203(a)(7) of such Act as in effect prior to April 1, 1980; or

(iv)   a battered spouse, battered child, or parent or child of a battered person with a petition under 204(a)(1)(A) or (B) or 244(a)(3) of the Immigration and Naturalization Act.

(B)   an alien who was admitted to the United States and who was:

(i)   granted asylum under Section 208 of such Act regardless of the date asylum is granted;

(ii)   a refugee admitted to the United States under Section 207 of such Act regardless of the date admitted;

(iii)   an alien with deportation withheld under Section 243(h) of such Act regardless of the date deportation was withheld;

(iv)   a Cuban or Haitian entrant as defined in Section 501(e) of the Refugee Education Assistance Act of 1980, regardless of the date of entry;

(v)   an alien who is a veteran as defined in 38 U.S.C. § 101, with a discharge characterized as an honorable discharge and not on the grounds of alienage;

(vi)   an alien who is on active duty, other than active duty for training, in the Armed Forces of the United States;

(vii)   the spouse or unmarried dependent child of an individual described in (C) of this paragraph;

(viii)   a victim of a severe form of trafficking pursuant to Section 107(b) of the Trafficking Victims Protection Act of 2000; or

(ix)   admitted as an Amerasian immigrant.

(C)   permanent residents who first entered the country under (B) of this paragraph and who later converted to lawful permanent residence status.

(2)   Other aliens lawfully admitted for permanent residence (non-qualified aliens). Non-qualified aliens are those individuals who were admitted to the United States and who do not meet any of the definitions in paragraph (1) of this subsection. Non-qualified aliens are ineligible for SoonerCare for five (5) years from the date of entry except that non-qualified aliens are eligible for emergency services only when the individual has a medical condition (including emergency labor and delivery) with acute symptoms which may result in placing his/her health in serious jeopardy, serious impairment to bodily functions or serious dysfunction of body organ or part without immediate medical attention, in accordance with 317:30-3-32. The only exception is when a pregnant woman qualifies under the pregnancy related benefits covered under the Title XXI program because the newborn child will meet the citizenship requirement at birth.

(3)   Afghan Special Immigrants. Afghan special immigrants, as defined in Public Law 110-161, who have special immigration status after December 26, 2007, are exempt from the five (5) year period of ineligibility for SoonerCare services. All other eligibility requirements must be met to qualify for SoonerCare services. If these individuals do not meet one of the categorical relationships, they may apply and be determined eligible for Refugee Medical Assistance. Afghan special immigrants are considered lawful permanent residents.

(4)   Iraqi Special Immigrants. Iraqi special immigrants, as defined in Public Law 110-181, who have special immigration status after January 28, 2008, are exempt from the five (5) year period of ineligibility for SoonerCare services. All other eligibility requirements must be met to qualify for SoonerCare services. If these individuals do not meet one of the categorical relationships, they may apply and be determined eligible for Refugee Medical Assistance. Iraqi special immigrants are considered lawful permanent residents.

(5)   Undocumented aliens. Undocumented aliens who do not meet any of the definitions in (1)-(2) of this subsection are eligible for emergency services only when the individual has a medical condition (including emergency labor and delivery) with acute symptoms which may result in placing his/her health in serious jeopardy, serious impairment to bodily functions or serious dysfunction of body organ or part without immediate medical attention, in accordance with 30-3-32. The only exception is when a pregnant woman qualifies under the pregnancy related benefits covered under the Title XXI program because the newborn child will meet the citizenship requirement at birth.

(6)   Ineligible aliens.

(A)   Ineligible aliens who do not fall into the categories in (1) and (2) of this subsection, yet have been lawfully admitted for temporary or specified periods of time include, but are not limited to: foreign students, visitors, foreign government representatives, crewmen, members of foreign media and temporary workers including agricultural contract workers. This group is ineligible for SoonerCare, including emergency services, because of the temporary nature of their admission status. The only exception is when a pregnant woman qualifies under the pregnancy related benefits covered under the Title XXI program because the newborn child will meet the citizenship requirement at birth.

(B)   These individuals are generally issued Form I-94, Arrival Departure Record, on which an expiration date is entered. This form is not the same Form I-94 that is issued to persons who have been paroled into the United States. Parolees carry a Form I-94 that is titled "Arrival-Departure Record B Parole Edition". Two other forms that do not give the individual "Immigrant" status are Form I-186, Nonresident Alien Mexican Border Crossing Card, and Form SW-434, Mexican Border Visitors Permit.

(d)   Alienage. A decision regarding eligibility cannot be made until the eligibility condition of citizenship and alienage is determined.

(1)   Immigrants. Aliens lawfully admitted for permanent residence in the United States are classified as immigrants by the USCIS. These are individuals who entered this country with the express intention of residing here permanently.

(2)   Parolees. Under Section 212(d)(5) of the Immigration and Nationality Act, individuals can be paroled into the United States for an indefinite or temporary period at the discretion of the United States Attorney General. Individuals admitted as Parolees are considered to meet the "citizenship and alienage" requirement.

(3)   Refugees and Western Hemisphere aliens. Under Section 203(a)(7) of the Immigration and Nationality Act, Refugees and Western Hemisphere aliens may be lawfully admitted to the United States if, because of persecution or fear of prosecution due to race, religion, or political opinion, they have fled from a Communist or Communist-dominated country or from the area of the Middle East; or if they are refugees from natural catastrophes. These entries meet the citizenship and alienage requirement. Western Hemisphere aliens will meet the citizenship requirement for SoonerCare if they can provide either of the documents in subparagraphs (A) and (B) of this paragraph as proof of their alien status.

(A)   Form I-94 endorsed "Voluntary Departure Granted-Employment Authorized", or

(B)   The following court-ordered notice sent by USCIS to each of those individuals permitted to remain in the United States: "Due to a Court Order in Silva vs. Levi, 76 C4268 entered by District Judge John F. Grady in the District Court for the Northern District of Illinois, we are taking no action on your case. This means that you are permitted to remain in the United States without threat of deportation or expulsion until further notice. Your employment in the United States is authorized".

(4)   Special provisions relating to Kickapoo Indians. Kickapoo Indians migrating between Mexico and the United States carry Form I-94, Arrival-Departure Record (Parole Edition). If Form I-94 carries the statement that the Kickapoo is "paroled pursuant to Section 212(d)(5) of the Immigration and Nationality Act" or that the "Kickapoo status is pending clarification of status by Congress" regardless of whether such statements are preprinted or handwritten and regardless of a specific mention of the "treaty", they meet the "citizenship and alienage" requirement. All Kickapoo Indians paroled in the United States must renew their paroled status each year at any local Immigration Office. There are other Kickapoos who have entered the United States from Mexico who carry Form I-151 or Form I-551, Alien Registration Receipt Cards. These individuals have the same status as other individuals who have been issued Form I-151 or Form I-551 and, therefore, meet the citizenship and alienage requirements. Still other Kickapoos are classified as Mexican Nationals by the USCIS. They carry Form I-94, Arrival-Departure Record, which has been issued as a visiting visa and does not make mention of the treaty. Such form does not meet the "citizenship and alienage" requirements but provides only the ineligible alien status described in (c)(4)(b) of this Section.

(5)   American Indians born in Canada. An American Indian born in Canada, who has maintained residence in the United States since entry, is considered to be lawfully admitted for permanent residence if he/she is of at least one-half (1/2) American Indian blood. This does not include the non-citizen whose membership in an Indian tribe or family is created by adoption, unless such person is of at least fifty (50) percent or more Indian blood. The methods of documentation are birth or baptismal certificate issued on a reservation, tribal records, letter from the Canadian Department of Indian Affairs, or school records.

(6)   Permanent non-immigrants. Marshall Islanders and individuals from the Republic of Palau and the Federated States of Micronesia are classified as permanent non-immigrants by USCIS. They are eligible for emergency services only, in accordance with 30-3-32.

[Source: Added at 12 Ok Reg 753, eff 1-6-95 through 7-14-95 (emergency); Added at 12 Ok Reg 3133, eff 7-27-95; Amended at 15 Ok Reg 557, eff 11-5-97 (emergency); Amended at 15 Ok Reg 1554, eff 5-11-98; Amended at 20 Ok Reg 2793, eff 5-26-03 (emergency); Amended at 21 Ok Reg 2235, eff 6-25-04; Amended at 24 Ok Reg 2116, eff 6-25-07; Amended at 25 Ok Reg 430, eff 1-1-08 (emergency); Amended at 25 Ok Reg 1227, eff 5-25-08; Amended at 26 Ok Reg 115, eff 10-1-08 (emergency); Amended at 26 Ok Reg 545, eff 2-1-09 (emergency); Amended at 26 Ok Reg 2128, eff 6-25-09; Amended at 26 Ok Reg 3029, eff 7-21-09 (emergency); Amended at 27 Ok Reg 630, eff 1-14-10 (emergency); Amended at 27 Ok Reg 1492, eff 6-11-10; Amended at 28 Ok Reg 269, eff 11-15-10 (emergency); Amended at 28 Ok Reg 1511, eff 6-25-11; Amended at 32 Ok Reg 1128, eff 8-27-15; Amended at 35 Ok Reg 1460, eff 9-14-18]