N.M. Admin. Code § 8.240.400.13

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.240.400.13 - CITIZENSHIP

A. Refer to medical assistance program manual 8.200.410.11 NMAC.

B. Verification of citizenship: Citizenship determinations rendered by the social security administration (SSA) for SSI are final.

(1) Documentation of citizenship: Primary documentation of citizenship is a birth certificate. Secondary documentation includes:

(a) certificate of naturalization;

(b) citizenship certificate;

(c) other resident identification documents issued by the United States immigration and naturalization service, such as:

(i) U.S. passport issued by the U.S. state department;

(ii) consular report of birth;

(iii) certification of birth issued by the U.S. state department, proof of marriage to a U.S. citizen before September 2, 1922, or a card of identity and registration of a U.S. citizen; or

(iv) official communication from an American foreign service post indicating that an applicant/recipient is registered as a United States citizen.

(2) Declaration of citizenship, nationality, or immigration status: As a condition of eligibility, medicaid requires a declaration by the applicant/recipient or by another person on behalf of a child or an applicant/recipient who is mentally incapacitated, which specifies whether the applicant/ recipient is a citizen or national of the United States. If not, the declaration must state that the applicant/recipient is in satisfactory immigration status. Eligibility is not denied solely because an applicant/recipient cannot legally sign the declaration and the individual who is legally able to do so refuses to sign on the applicant/ recipient's behalf or to cooperate, as required.

N.M. Admin. Code § 8.240.400.13

2/1/95; 9/15/95; 4/30/98; 8.240.400.13 NMAC - Rn, 8 NMAC 4.QMB.412, 7/1/03, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024