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A legislative change now exempts two groups from the Medicaid citizenship documentation requirements: children in foster care or receiving adoption assistance and people receiving disability insurance benefits under Social Security, according to the Centers for Medicare & Medicaid Services. The changes are the result of the Tax Relief and Health Care Act of 2006 (Pub. L. No. 109-432), enacted on Dec. 20, 2006, which amends Section 1903(x) of the Social Security Act, according to a Feb. 22 letter from CMS to state Medicaid directors. The TRHCA exempts both groups from the provisions requiring presentation of satisfactory documentary evidence of citizenship or nationality, which took effect in July 2006. Now exempt are individuals receiving disability insurance benefits under Social Security or children in foster care or receiving adoption assistance from child welfare services. The letter supersedes guidance provided by CMS in an interim final rule published in July 2006 (No. 131 HCDR 7/10/06 ), according to the letter. The TRHCA applies to individuals declaring to be a citizen or national of the United States, the letter states. The letter is available.
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