MinnesotaCare
3.2.1.2 Lawful Presence and DACA
To receive MinnesotaCare, applicants must be U.S. citizens, U.S. nationals, certain lawfully present noncitizens or Deferred Action for Childhood Arrivals (DACA) grantees. See the MinnesotaCare Citizenship policy for more information.
Lawfully Present Noncitizens
All lawfully present noncitizens may be eligible for MinnesotaCare.
People granted DACA status may be eligible for MinnesotaCare. DACA grantees are noncitizens who came to the United States as children and meet certain criteria set out by the U.S. Department of Homeland Security (USDHS). Deferred action is a use of prosecutorial discretion by the USDHS to defer removal action against a person for a period of time. DACA grantees are eligible for work authorization and may receive deferred action for a period of two years, subject to renewal.
Undocumented noncitizens are not eligible for MinnesotaCare.
Refer to the Immigration Status and Minnesota Health Care Programs Eligibility chart for a quick reference guide to Medical Assistance eligibility for applicants and enrollees who are noncitizens.
Verification
Lawful presence must be verified electronically:
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At application
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When a change in immigration status is reported by the enrollee after application
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When a new non-citizen household member is added and requests coverage
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When corrections are made about a person’s immigration status after application
See 1.3.2.1 MHCP Change in Circumstances for more information.
Paper Documentation
Lawful presence may be verified electronically at the time of application through a data match with the Federal Data Services Hub (FDSH). If unsuccessful the county, tribal, or state servicing agency must submit a request for verification through SAVE prior to requiring paper documentation from the enrollee.
Applicants and enrollees whose lawful presence cannot be verified electronically must provide proofs, which must be validated using electronic sources such as SAVE. People who are DACA grantees must also provide proof that DACA has been approved if their status cannot be verified electronically.
See Immigration documentation types at HealthCare.gov for information about immigration documentation.
Reasonable Opportunity Period
Eligibility is approved for applicants who meet all other eligibility criteria and attest to meeting the noncitizen eligibility requirements.
A person approved for MinnesotaCare and whose lawful presence or DACA grantee status cannot be verified electronically has a reasonable opportunity to work with the agency to resolve clerical discrepancies preventing electronic verification or 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 satisfy the request.
The 95-day reasonable opportunity period can be extended for MInnesotaCare enrollees who demonstrate a good faith effort to get and provide proof of their lawful presence or DACA grantee status. Enrollees who need more time to obtain documents must receive a notice that tells them the new due date. There is no limit to the number of times the reasonable opportunity period can be extended for a MinnesotaCare enrollee to obtain proof of lawful presence or DACA grantee status. Eligibility and coverage must end with a 10-day advance notice if the enrollee fails to provide proof or assist in the verification process by the end of the reasonable opportunity period or any extension.
During the reasonable opportunity period, the county, tribal or state servicing agency must continue efforts to verify an applicant’s lawful presence or DACA grantee status. This includes correcting errant demographic data, re-running electronic data sources and checking case records and files for prior instances of successful electronic verification or paper documentation received previously. The agency must document efforts to verify an applicant’s lawful presence or DACA grantee status in the case record. The agency must also help applicants and enrollees obtain required paper proofs.
A person who reapplies for healthcare coverage, whose lawful presence or DACA grantee status was not previously verified, must be given a new reasonable opportunity period to provide proof of these eligibility factors.
Legal Citations
Code of Federal Regulations, title 42, section 600.305
Code of Federal Regulations, title 42, section 600.345
Code of Federal Regulations, title 42, section 600.5
Code of Federal Regulations, title 42, section 155.315
Minnesota Statutes, section 256L.04, subdivisions 1 and 10