5. Revisión de literatura
5.8. Las leguminosas
• Reentry Permit (a passport booklet for lawful permanent residence aliens) I-327
• USCIS Form I-94 (Arrival-Departure Record) annotated with conditional entry, conditional entrant, political asylum, or refugee.
• USCIS Form I-94 (Arrival-Departure Record) annotated with parolee or paroled.
• Letter from USCIS or court order withholding deportation pursuant to Section 243 (h) (l) of the INA.
• Letter from USCIS or court order granting an indefinite voluntary departure in lieu of
deportation or granting an indefinite stay of deportation (exclusive of Section 243 (h) (l) of the INA)
annotated with any letter A through L.
• USCIS Form I-94 (Arrival-Departure Record) annotated with asylum applicant, applicant for asylum, I-589 applicant.
• I-181-A (Notice to Alien from USCIS). • I-181-B (Notice to Alien from USCIS). See LEGAL PERMANENT RESIDENT(LPR) TO
NATURALIZED CITIZEN for LEADER procedures MC 50301.3 - Permanently Residing
Under Color Of Law (PRUCOL) The United States Citizenship and
Immigration Services (USCIS) - What is PRUCOL?
What is PRUCOL and how is it verified?
This status is available to ALL Medi-Cal
applicants/beneficiaries who wish to claim it. If the applicant/beneficiary claims Satisfactory Immigration Status (SIS) on the Statement of Citizenship,
Alienage and Immigration Status (MC13), the case will be approve for full scope benefits if they are otherwise eligible and pending the return of the MC- 845 Supplement-PRUCOL.
Note: The Bureau of Citizenship and Immigration
Services (USCIS) will determine the applicant’s PRUCOL status and the applicant shall receive full scope Medi-Cal while the decision is pending. Eligible individuals approved by USCIS for PRUCOL are to receive full benefits under the full service aid codes. If PRUCOL is denied by USCIS,
beneficiaries are to be placed into a restricted aid code if eligible.
Aliens permanently residing in the United States under Color of Law:
• under parole,
• granted indefinite stay of deportation, • granted asylum,
• admitted as refugees since April 1, 1980, • possessing an unexpired Refugee Travel
Document,
• granted voluntary departure (USCIS not enforcing)
• application pending for adjustment of status • granted suspension of deportation
• deportation being withheld
Islands or the Federated States of Micronesia • Granted extended voluntary departure for a
specified time
• Lost, stolen or unreadable USCIS documents, replacement pending; An Individual Fee Register Receipt on file, or
• Residing in the United States with the knowledge and permission of USCIS, no deportation action pending.
MC 50301.4 - Amnesty Alien What documentation is needed to verify status as an Amnesty Alien?
• Temporary Residence Card I-688
• Alien Registration Receipt Card, I-551 or I- 688 with a sticker on the back: …”Valid for one year from the expiration date on the reverse of this form… Form Ext.”
• Aliens whose USCIS documents have been lost or stolen or are unreadable and has an Individual Fee Register Receipt (USCIS G- 711) verifying a replacement was applied for. • Aliens issued an I-688 extension sticker which
was lost or stolen or has become unreadable: with an I-94 card with a stamp: and the
expiration date is one year from the date lawful permanent resident status was granted.
MC 50301.5 - Opportunity to
Document Satisfactory Immigration Status
What are the time limits?
What are the time limits to satisfactorily document Immigration Status?
Alien applicants requesting full Medi-Cal benefits must present document from USCIS or other appropriate agency within 30 calendar days, or the time it actually takes the county department to process their Medi-Cal applications, whichever is longer. The 30 day period begins at the time the applicant submits a completed for MC 13.
NOTE: Applicants who do not present the required
documentation are eligible for restricted Medi-Cal benefits IF they meet all other program
requirements.
The applicant shall have notice of any adverse action and shall have an opportunity to a hearing in accordance with the department’s manual of policies
and procedures.
MC 50301.6 - Verification of Satisfactory Immigration Status
Amnesty Aliens
How are USCIS issued documents verified?
The authenticity of documents received shall be verified through the Systematic Alien Verification
of Entitlements (SAVE) system operated by USCIS
or by direct contact with USCIS officials. Copies of the original USCIS document are forwarded in cases where:
• The SAVE system instructs the county to do so,
• The registration or admission number on the document presented does not match other information contained in the document, • The document is suspected as counterfeit or
altered,
• The document number series is A60 000 000 (not issued yet) or A80 000 000 (illegal border crossing),
• The only document available is a fee receipt from USCIS, Or,
• The document is an USCIS form I-181b issued in connection with for I181 and the I- 94, or foreign passport stamped “Processed for I-551”, was issued more than one year before the date of application for Medi-Cal.
NOTE: Amnesty Aliens eligible for restricted Medi-
Cal benefits (not aged, blind, disabled or under 18 years of age) shall be verified through the SAVE system. However, the county department shall not require or request to disclose their citizenship, or immigration status, birth place, county of citizenship, immigration alien admission number, date of first entry into the United States, name upon first entry into the United States or whether they have a Social Security number. Also, full Medi-Cal benefits
received pending completion of the USCIS
determination shall be reduced to restricted Medi- Cal benefits upon receipt of notice from the SAVE system, a USCIS official or the lack of satisfactory immigration status.
The applicant shall have notice of any adverse action and shall have an opportunity to a hearing in accordance with the department’s manual of policies
and procedures.
MC 50302 - Restricted Medi-Cal Benefits for Certain Aliens
What are “Restricted Medi-Cal Benefits” and how are they classified?
The applicant/beneficiary shall be a California resident and:
• Lacks documents from USCIS or federal court that serves as reasonable evidence of
satisfactory immigration status,
• A nonimmigrant alien legally admitted to the U.S. for a limited time period,
• An amnesty alien with status adjusted to lawful temporary resident or lawful permanent resident, or
• Amnesty alien with an SSN or verification that an SSN has been applied for.
NOTE: The SAVE system operated by USCIS shall
not be used to verify immigration status of these applicants unless they indicate that they are amnesty aliens.
MC 50304 - Written Declaration of Status as a Citizen of the United State, a National of the United States, or an Alien
How is Citizenship or Immigration status declared for the Medi-Cal Program?
The applicant, beneficiary or, in the case of a child under 21, the legal guardian, shall state in writing, under penalty of perjury, whether they are citizens or nationals of the United States or aliens.
MC 50320 - California Residence - General
Is California residence required to participate in the Medi-Cal Program?
Yes! California residency is required.
Proof of Residency How does the applicant or beneficiary establish proof of residency?
• Applicant is physically present and living in CA with an intention to remain permanently or for an indefinite period.
Applicant is physically present and living in CA and has a job commitment or is seeking employment, currently employed or not.
Residency for children How is the residence of the child(ren) established?
• Children living with their parents shall share the same residence determination as that of their parents.
• Family members may establish separate residences without a break in marital or family ties. However only those family members meeting the residency requirements shall be eligible for Medi-Cal.
• Once established, California residency continues until residency is re-established in another state or country.
The MC210 Statement of Facts (Medi-Cal) or the SAWS 2 Statement of Facts, together with evidence proving California Residence (Section MC 50320.1) shall be accepted.
MC 50320.1 - California Residence - Evidence
Types of evidence
What types of evidence of California residency are required to obtain Medi-Cal benefits?
After completing the MC210 (Medi-Cal) or the SAWS 2 Statement of Facts, the applicant shall produce one of the following:
• A current California rent or mortgage receipt or utility bill in the applicant’s name and bearing the current address of the applicant, • A current and valid California motor vehicle
driver’s license or Identification card issued by California Department of Motor Vehicles in the applicant’s name and bearing the current address of the applicant,
• A current and valid California motor vehicle registration in the applicant’s name and bearing the current address of the applicant, • A document showing that the applicant is
employed in this state
• A document showing that the applicant has registered with a public or private employment service in this state,
• Evidence that the applicant’s children are enrolled in school in this state
• Evidence that the applicant receives public assistance, other than Medi-Cal, in this state, • Evidence that the applicant has registered to
• Any other documentation the applicant may provide pursuant to verifying County
Residence (Section MC 50320.2).
Applicants may declare, under penalty of perjury, that they do not maintain principal residences outside of this state, and does not receive public assistance outside this state. (Please note that unemployment insurance from another state is not considered public assistance.)
Applicants who are homeless or migrant workers may declare, under penalty of perjury, that they do not have residency documents and the county shall consider any other evidence produced by an
applicant to verify residency except a declaration affidavit that is unsubstantiated by other evidence of residency.
MC 50320.2 - California Residency - County Verification
Can the County require additional information to determine residency?
Yes. The county may request clarification of the applicant’s residency if information received on the Medi-Cal application is inconsistent with the
applicant’s statement that he is a resident of California.
MC 50321 - Temporary Absence from the State -
How long may an applicant/beneficiary be absent from California and remain eligible for benefits?
An applicant/beneficiary may be absent for periods of 60 days or less as long as there is no reason to presume that the absence will be permanent. Also, an application, restoration, redetermination or reapplication may be accepted by the county during the temporary absence of 60 days or less.
Absence from the State for More than 60 days
Can an applicant/beneficiary be absent for more than 60 days and remain eligible?
An applicant/beneficiary can be absent for more than 60 days and remain eligible if they declare in
writing that there is an intent to return to California and one of the following circumstances exists:
• Illness or emergency circumstances prohibit the return to California, or
• Family members with whom the
applicant/beneficiary lives are California residents and are physically present in the state, or
• Housing arrangements are maintained in California.
If the applicant/beneficiary purchases, leases or rents a residence outside of California, becomes employed, obtains an out-of-state driver’s license or applies for aid in another state, Medi-Cal shall be discontinued effective the last day of the month in which residence terminated, if the ten-day notice can be given. Otherwise, the discontinuance shall be effective the last day of the following month.
See TERMINATE CASE for LEADER procedures
MC 50325 - Death during absence from the State
If the applicant/beneficiary dies during an absence from the state was he a resident at the time of death?
Yes, if the requirements of providing evidence of California Residence and intending to return to the state within 60 days (Sections MC 50321 or MC 50323) were met at the time of death.
MC 50327 - Persons living on land leased or owned by the United States
Are persons residing on land leased or owned by the United States and located in California,
California residents?
Yes.
MC 50329 -Persons on Parole from Correctional or Other Institutions
Are persons on parole from correctional or other institutions California residents?
They may establish California residence.
MC 50333 - Foster Children and Institutionalized Persons placed Out- of-State
Can Foster Children and Institutionalized
persons placed out-of-state keep their California residency?
If the foster child was placed in out-of-state foster care through the Interstate Compact on the Placement of Children or by a state or county agency responsible for the child’s care maintains California residency. Also, unless the receiving state of the person placed in an out-of-state
institution accepts responsibility for the person, the person maintains California residency.
MC 50334 - Out-of-State Foster Children and Institutionalized Persons placed in California
Are Out-of-State Foster Children and
Institutionalized persons placed in California, residents of this state?
They are if the following conditions are met:
• The placement by an out-of-state court to the guardian or foster parent in California and,
• The other state has not adopted the Interstate Compact on the Placement of Children.
Also, unless a California state or county agency accepts responsibility for the institutionalized person placed in the California institution by the other state agency, or local government agency in another state, the person retains their residency in the placing state.
MC 50336 - Other persons in Out-of- State Institutions
Who determines eligibility for persons in Out-of- State Institutions?
All applications received for persons living in an institution in another state and that state’s medical assistance agency claims the person is a California resident, shall be referred to the Director by the receiving county department for determination.
MC 50338 - Other persons in California Institutions
Are persons in California Institutions residents of the State?
Yes. Persons not specified in Section MC 50334 shall be considered California Residents.
Additionally, the State Director has the authority, via federal Medicaid regulations, to determine residence for persons in institutions based on individual factors such as the person’s age, competency, former state of physical presence and residence of parents or in accordance with an interstate agreement. The county department shall obtain the information necessary to assist with the determination.