2052 Citizenship Criteria for Aging Programs and Services | ADMINISTRATION-5600-MANUAL
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Georgia Division of Aging Services |
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Chapter: |
2050 – Basic Consideration for Recipients of Service |
Effective Date: |
11/19/2021 |
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Section Title: |
Citizenship Criteria for Aging Programs and Services |
Reviewed or Updated in: |
MT 2022-04 |
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Section Number: |
2052 |
Previous Update: |
MT 2014-05 |
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Summary Statement
Aging programs and services, except those funded by Medicaid (such as CCSP), are not a “public benefit” and do not require verification of citizenship.
Background
Historically, aging programs and services funded by the Older Americans Act (OAA) have not been considered a “public benefit” per the U.S. Department of Health and Human Services, Administration on Aging (AoA). ‘Non-citizens, regardless of their alien status, should not be banned from services authorized by the OAA and administered by the AoA based solely on their alien status. Similarly, services provided to older persons under the Social Services Block Grant are not “Federal public benefits” as interpreted in the HHS Notice and exempt from verification requirements.' (Federal Register Notice Vol. 63, No. 14, August 4, 1998, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Interpretation of “Federal Public Benefit”.)
Georgia legislation on this topic includes:
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Senate Bill 529: Georgia Security/Immigration and Compliance Act passed in 2006 and effective July 1, 2007
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Amendments contained in House Bill 2: “Grants; recipients comply with certain provisions; require” passed in 2009 and effective January 1, 2010
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House Bill 87: Illegal Immigration Reform and Enforcement Act of 2011 passed in 2011 and effective July 1, 2011.
Basic Considerations
Aging Programs and Services
State law provides that no verification of citizenship is required if a program is listed on A.G. Order No. 2353-2001, “Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation” of the U.S. Attorney General. Aging programs and services, except those funded by Medicaid, fall under these provisions.
Medicaid
Eligibility for Medicaid programs is not determined by Division of Aging Services (DAS) or Aging Network Staff.
Eligibility for Medicaid programs, such as CCSP are determined by either the Department of Human Services, Division of Family and Children Services, the Social Security Administration (for Supplemental Security Income and therefore the related Medicaid) or by certain units within the Department of Community Health (as of 1/1/2014).
Any citizenship verification requirement for Medicaid is satisfied during the eligibility determination process by the agencies named above.
AAA Practice
The AAA should discuss with its legal counsel (Regional Commission/AAA or Governing Board) any legal issues concerning these provisions.
When analyzing verification of citizenship requirements, pay careful attention to all requirements of laws as many provisions are not client-related. Seek advice on the employer responsibilities of these laws or any additional legislation concerning verification of citizenship.