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New Medicaid Citizen Documentation Requirement

New Medicaid Citizen Documentation Requirement

A new Medicaid requirement that stems from the Deficit Reduction Act (DRA) will require that states must secure evidence of U.S citizenship from any individuals applying for or seeking to renew eligibility for Medicaid coverage goes into effect July 1st of this year. Without further clarification from the federal government, this provision requires all applicants to provide a passport or birth certificate along with a driver's license to demonstrate citizenship. This provision will affect all Medicaid beneficiaries, whether or not they are immigrants.

Under current law, immigrants who apply for Medicaid are already required to provide proof of their legal immigration status. But, U.S. citizens simply attest that they are citizens, and states usually do not require documentation unless there is some reason to doubt the citizenship of an applicant.

The Epilepsy Foundation is concerned that U.S. citizens that are eligible for Medicaid and do not have passports or birth certificates readily available may lose Medicaid coverage as a result of this new law. About 49 million low-income citizens will be required to meet this new documentation requirement over the next year in order to receive medical assistance.

The Epilepsy Foundation has written to Secretary Leavitt to urge that he prevent potentially millions of beneficiaries from losing Medicaid coverage by issuing guidelines or regulations that clarify additional documents that qualify as establishing citizenship and procedures that provide beneficiaries a reasonable opportunity to demonstrate their citizenship.

Action Steps

Use the message points below to urge your Senators and Representatives to urge Secretary of Health and Human Services Michael Leavitt to clarify that additional documents, besides passports and birth certificates, qualify as demonstrating citizenship and establish processes that give beneficiaries a reasonable opportunity to demonstrate citizenship. Please include the draft letter below with your message and urge your members of Congress to send this or a similar letter to Secretary Leavitt.

How to Contact Your Members of Congress

How to Contact Your Members of Congress

Use our lookup tool to find contact information for your representatives. You can also telephone the U.S Capitol Switchboard at (202) 224-3121 and ask for the office number of your Senator or Representative or find their phone numbers on the Senate website and House website.

  • Email: Use the template letter on this page to contact your representatives. You can modify the letter and include additional information if you like.
  • Fax: Call the office of your Senators and Representatives to request the fax number or visit their websites, where a fax number is usually listed.
    • Sample Letter for Campaign

      Subject: Help Clarify the Citizen Documentation Requirement in DRA

      Dear [ Decision Maker ] ,

      I am contacting you because of my grave concerns regarding implementation of the new requirement that those applying for or recertifying eligibility for Medicaid must produce documents demonstrating their citizenship. This new law goes into effect July 1st and without further clarification from the Department of Health and Human Services, Medicaid-eligible individuals may be required to produce either a passport or birth certificate along with a driver's license.

      Many individuals who are eligible for Medicaid, including many people with disabilities, homeless individuals, and victims of Hurricane Katrina, will not be able to produce these kinds of documents. Many people with epilepsy do not have a driver's license. The Secretary of Health and Human Services was given authority in this new law, however, to designate other ways in which citizenship could be documented.

      Please use the draft letter at http://www.epilepsyfoundation.org/advocacy/priorities/upload/hhsdraftdra.doc to urge Secretary Leavitt to immediately issue guidance that follows existing federal policies established by the Social Security Administration and Department of Justice listing a number of additional ways that individuals may demonstrate citizenship.

      Sincerely,

      Campaign Launched:
      June 13, 2006



      Background Information