MinnesotaCare

3.2.1.2 Lawful Presence (Archive)

In order to receive MinnesotaCare, applicants must be U.S. citizens, U.S. nationals or certain lawfully present noncitizens. See the MinnesotaCare Citizenship policy for more information.

Lawfully Present Noncitizens

All lawfully present noncitizens are eligible for MinnesotaCare. People granted Deferred Action for Childhood Arrivals (DACA) and undocumented noncitizens are not eligible for MinnesotaCare.

Verification

Lawful presence may be verified electronically at the time of application. Applicants and enrollees whose lawful presence cannot be verified electronically must provide proofs. See Immigration documentation types at HealthCare.gov for information about immigration documentation.

Eligibility is approved for applicants who meet all other eligibility criteria and attest to meeting the citizen or noncitizen eligibility requirements. A person approved for MinnesotaCare without verification of their lawful presence has a reasonable opportunity to provide proof. A notice is sent to the enrollee to indicate they have 90 days, plus 5 days for mailing, from the date of the notice to provide proof. Coverage is ended with a 10-day advance notice if the person fails to cooperate with the verification process.

The county, tribal or state servicing agency must help applicants and enrollees obtain required proofs.

Legal Citations

Code of Federal Regulations, title 42, section 600.305

Code of Federal Regulations, title 42, section 600.5

Minnesota Statutes, section 256L.04, subdivision 10

Published:  June 1, 2016

Archived: June 1, 2017