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Effective: April 1, 2008 |
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18.05ar2 - Sponsor Deeming (Archive) |
Archived: July 1, 2008 |
Certain noncitizens may have a sponsor whose income and assets must be deemed to them when they are applying for health care. This section provides information on how to determine if a noncitizen has a sponsor, whether the noncitizen is exempt or excluded from sponsor deeming, general sponsor deeming requirements, and how to verify the identity of the sponsor.
For sponsor deeming provisions for a specific program, see Sponsor Deeming Program Provisions.
Steps to Determine Sponsor Deeming.
SAVE and Sponsorship Information.
Work quarters, which are referred to as "work credits" by the Social Security Administration, are a measure of wage or self-employment earnings to determine Social Security benefits. People can earn up to four work credits each year, which is equivalent to four work quarters. The amount of earnings required to earn a work credit changes annually on January 1. See the SSA web site for further information about how credits are earned and the required amount of earnings for the current year.
For purposes of Minnesota Health Care Program eligibility, a sponsor is a U.S. citizen or lawful permanent resident (LPR) who signs a USCIS form I-864, Affidavit of Support, on behalf of a noncitizen as a condition of the noncitizen’s entry into the U.S.
Steps to Determine Sponsor Deeming
Follow these steps to determine sponsor deeming:
1. Determine if the noncitizen has a sponsor.
2. Determine if the noncitizen meets an exclusion from sponsor deeming.
3. Request verification of sponsorship, and obtain a release of information to contact the sponsor.
4. Determine if the noncitizen meets an exception from sponsor deeming.
l If an exception is met, continue to the next step only for income the sponsor is actually contributing to the noncitizen.
l If there is no exception, continue to the next step.
5. Determine and verify the sponsor’s countable income and assets that will be deemed to the noncitizen following sponsor deeming program provisions.
United States Citizenship and Immigration Services (USCIS) determines if a person meets the criteria to be a sponsor, and whether a noncitizen needs a sponsor to enter the U.S. If a client is sponsored using a form other than USCIS form I-864, Affidavit of Support, do not deem the sponsor’s income or assets.
There are a number of ways to determine if a client is sponsored:
l For clients who have a Lawful Permanent Resident (LPR) status and entered the U.S. or adjusted their status on or after December 19, 1997, check for USCIS form I-864, Affidavit of Support.
l Also check for family-based codes for LPRs on their I-551 immigration card. If they have one of these codes, it is likely they have a sponsor.
l For clients who are not able to provide sponsorship information, workers may use SAVE to request specific sponsorship data. See below for further information.
Sponsored noncitizens are considered "sponsored" until they do any of the following:
l Become a naturalized citizen.
l Leave the United States permanently.
l Die.
l Earn or can be credited with 40 qualifying work quarters, or work credits.
Note: It takes 10 years to accumulate 40 work quarters. However, quarters worked by a noncitizen’s spouse during their marriage, or by a noncitizen’s parent while the noncitizen was under age 18, count toward the 40 qualifying quarters.
Example:
Shawn, age 28, entered the U.S. twelve years ago. He was sponsored by his father. Shawn is applying for health care because he lost his job. Shawn tells his worker that he does not want to bother his father about sponsor deeming.
Action:
Because Shawn has been in the U.S. for over 10 years, he may have 40 qualifying work quarters or credits. If he has 40 or more qualifying work quarters, his father’s income and assets will no longer be deemed. Information about work quarters is available on the SDX. Social Security also sends an annual statement to people that states the number of work quarters or credits they have accumulated.
Shawn's worker determines that Shawn has only 30 work quarters or credits. However, Shawn’s father earned enough work credits before Shawn turned 18 to make up the difference.
Action:
Shawn has enough qualifying work quarters or credits to be exempt from sponsor deeming.
SAVE and Sponsorship Information
If a client has a sponsor but is unable to provide the necessary sponsor verification, request the Affidavit of Support using the Systematic Alien Verification for Entitlements (SAVE) system. To request sponsorship information using SAVE, check the ”r;Request Affidavit of Support Data” box prior to submitting an automated additional verification request. The Immigration Status Verifier (ISV) will provide this information when responding to the additional verification request if the noncitizen was sponsored on form I-864, Affidavit of Support.
When specific sponsorship data is requested through the automated additional verification request process, SAVE provides the following information about sponsors:
l First, middle, and last name.
l Social security number.
l Last known address including street, city, state, and zip code.
Note: Once SAVE responds with the name, SSN, and last known address for the sponsor, the agency must secure a release of information from the client prior to contacting the sponsor to request income and asset verifications.
See Systematic Alien Verification Entitlements (SAVE) for more information about using the SAVE system.
Noncitizens who meet an exclusion from sponsor deeming do not need to provide information about or verification of the sponsor.
The following noncitizens are excluded from sponsor deeming requirements:
l Refugees.
l Asylees.
l EMA clients.
Example:
Maria is a 49-year-old noncitizen subject to the sponsor deeming provisions. She is hospitalized and applies for health care. She is certified as disabled by the State Medical Review Team (SMRT). Her medical condition also qualifies as an emergency medical condition. Maria has current health insurance that is a barrier to MinnesotaCare eligibility.
Action:
First, determine if Maria is eligible for MA with FFP or NMED. If Maria is not eligible for either program due to sponsor deeming, or if the sponsor does not respond to the sponsor letter, determine whether Maria is eligible for Emergency Medical Assistance (EMA) since the sponsor’s income or assets are not considered for EMA.
Note: If Maria is eligible for NMED, EMA should still be used for services that qualify for EMA coverage.
l MA-BC clients.
l CVT clients.
l Immigrants sponsored by a business or organization which has no relation to the immigrant.
Example:
The local Russian church sponsors twelve individuals from Russia.
Action:
Do not deem income and assets of the church to the immigrant.
There are two exceptions to deeming income and assets from a sponsor to a client.
l Facility Placement.
Do not deem sponsor’s income or assets if the noncitizen needs placement in a facility and placement is jeopardized by the sponsor’s failure or inability to provide support, or inability of the client to locate the sponsor.
n Deem only the income the sponsor and/or sponsor’s spouse actually contributes to the noncitizen.
n Require the client to explain why the sponsor is not providing support.
l Battery or Extreme Cruelty.
If the noncitizen or his/her children have been battered or subjected to extreme cruelty a deferment of sponsor deeming can be approved for 12 months.
n Deem only income the sponsor or sponsor’s spouse actually contributes to the noncitizen and his/her children.
n The deferment can be extended an additional 12 months if all of these conditions are met:
m The noncitizen or children continue to have a need related to the battery.
m They have either an order for protection or a USCIS determination.
m The sponsor is the batterer.
To meet this exception the noncitizen or his/her children must have one of the following:
n A battered noncitizen status granted by the USCIS.
n A determination by the county or MCRE operations that the noncitizen or his/her children have been battered or subjected to extreme cruelty. This requires a statement of abuse from the client or other documentation such as:
m Police, government or court records.
m Statement from a battered women’s shelter staff or sexual assault or domestic violence advocate with knowledge of circumstances or credible evidence that supports a sworn statement.
m Statement from a professional from whom the client has sought assistance about the abuse.
m A sworn (notarized) statement from any other person with knowledge of the circumstances or credible evidence that supports the sworn statement.
The noncitizen or his/her children must also meet both of the following conditions:
n They are not living with the batterer.
n There is substantial connection between the need resulting from the battery and the need for coverage through the health care programs.
A client must cooperate with supplying or obtaining sponsor information if deeming is required. The sponsor must also cooperate. If the client or the sponsor do not supply sponsor information, or cooperate with obtaining the information, deny or close coverage.
For noncitizens subject to sponsor deeming, do both of the following:
l Verify the sponsor’s identity by requesting a copy of the USCIS form I-864, Affidavit of Support.
If the client or sponsor is unable to supply a copy of the affidavit, or the client appears to be subject to sponsor deeming but claims not to have a sponsor follow these steps to find out if there is a sponsor and/or the sponsor's identity:
1. Obtain a release of information from the client to contact the USCIS.
2. Complete a Document Verification Request (USCIS G-845). This form is available online at the USCIS website and must be reproduced as a two-sided document.
3. Complete a Document Verification Request Supplement (USCIS G-845 Supplement). This form is not available online but may be reproduced or requested from the USCIS Forms Request Line at 1-800-870-3676. This form must be reproduced as a two-sided document.
4. Send the readable, completed forms to:
U.S. Citizenship and Immigration Services
Attn. Immigration Status Verifier
St. Paul District
2901 Metro Drive, Suite 100
Bloomington, MN 55425
l Obtain a release of information from the client to contact the sponsor.
Upon receipt of the release of information, send the sponsor the Sponsor Letter (DHS-3453). This form reminds the sponsor of the legal obligation to provide support and requests verification of the sponsor’s and the sponsor’s spouse’s income and assets.
n Do not send the DHS-3453 if the immigrant is exempt from the deeming requirement under a battered status and the sponsor is responsible for the battery.
n Do not request verification of assets if the client is exempt from the asset limit.
n Deny or close health care program coverage if the sponsor and the sponsor's spouse fail to respond to the Sponsor Letter or fail to provide verification. Consider whether the client is eligible for EMA.
Reported changes should be acted upon for the next available month allowing for timely notice. Changes that may impact eligibility for the sponsored client include, but are not limited to:
l Immigration status.
l Living arrangement with sponsor changes.
l Sponsor income or asset changes.
Note: Some income changes will not affect MCRE eligibility for the next available month.
l 40 qualifying work quarters are attained.
l Client qualifies as a battered noncitizen.