MinnesotaCare
3.2.1.2 Lawful Presence and DACA
To be eligible for MinnesotaCare, a person who is not a U.S. citizen or a U.S. national must be one of the following and meet all other eligibility factors:
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lawfully present, as defined in Appendix H
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a Deferred Action for Childhood Arrivals (DACA) grantee, or
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a child who is not lawfully present and under age 18. A person who is not lawfully present and is age 18 or over is not eligible for MinnesotaCare.
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A person is treated as not lawfully present if they do not attest to a status that meets the definition of lawful presence in Appendix H.
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A person is considered age 18 the first day of the month following the month of the person’s 18th birthday.
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Refer to the Immigration Status and Minnesota Health Care Programs Eligibility chart for a quick reference guide to MinnesotaCare eligibility for applicants and enrollees who are noncitizens.
Verification
An attestation that an applicant or enrollee is lawfully present or is a DACA grantee 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.
An attestation that an applicant or enrollee is not lawfully present does not require verification, either electronically or through paper documentation.
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 whose attestation of 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 45, section 155.20
Code of Federal Regulations, title 45, section 155.315
Code of Federal Regulations, title 45, section 155.320
Minnesota Statutes, section 256L.04, subdivision 10