How the Puerto Rican Birth Certificate Law Affects DSS Administered Programs

August 19, 2010

Author: Cathy Roberts

Over a quarter million of New York State’s residents are feeling the impact of a change in the law enacted by the Puerto Rican legislature.  Law 191 of 2009 invalidates all Puerto Rican birth certificates issued before July 1, 2010.  The legislature amended Law 191 in June 2010 to extend the validity of current birth certificates through September 30, 2010.  After September 30, 2010, any Puerto Rican birth certificate issued prior to July 1, 2010, will be considered invalid.

The law was passed because of a significant amount of fraud associated with the old certificates.  All Puerto Rican citizens with birth certificates issued prior to July 1, 2010, are expected to obtain new security-enhanced birth certificates which are intended to provide better protection against identity theft.  The Puerto Rican government has developed a fact sheet which explains the change in the law, which you can access at http://www.prfaa.com/docs/prfaafactsheetfaq.pdf.

Many U.S. citizens born in Puerto Rico are now scrambling to obtain a new birth certificate before the September 30th deadline.  Low-income clients may have already contacted your office with questions about Law 191, and benefits advocates have been waiting for guidance from government agencies as to how the new law affects verification requirements for the major public benefit programs administered by local Departments of Social Service (DSS) offices -- temporary assistance, food stamps and Medicaid.

The guidance has been trickling in, and the good news is that for almost all recipients, there should be little or no impact.  New applicants are affected somewhat, but protections have been built in to help make sure that eligible Puerto Ricans are not denied benefits simply because they haven’t yet obtained their new birth certificate. 

Here’s how Puerto Rico’s Law 191 affects the various DSS programs:

Temporary Assistance (TA) 1

Recipients:  Individuals born in Puerto Rico who were receiving TA before October 1, 2010, and who recertify on or after that date do not have to obtain a new birth certificate or provide alternate proof of citizenship for continuing eligibility.

Applicants (applying on or after October  1, 2010):  Individuals born in Puerto Rico who are applying for TA on or after October 1, 2010, cannot rely on an “old” (pre-7/1/2010) birth certificate to verify citizenship and identity.  However, remember that there are other documents which can be used, including:

• U.S. Passport
• U.S. Passport Card
• Enhanced NYS Drivers License or Non-Driver Photo ID Card
• Hospital Records showing birth in Puerto Rico
• U.S. Military Service Records

Applicants without a new birth certificate who don’t have any alternate documents to verify citizenship should ask their local Department of Social Services (LDSS) to help them get a new certificate.  GIS 10 TA/DC 018 instructs districts that:  as required by 18 NYCRR 351.5(a) districts must, when necessary, assist Puerto Rican applicants in obtaining a new birth certificate including paying the $5.00 fee if the applicant is unable to pay.”

Supplemental Nutrition Assistance Program (SNAP), aka Food Stamps (FS) 2

Just like for temporary assistance, SNAP/FS recipients who recertify on or after October 1st do not have to provide a new birth certificate.  While individuals applying for SNAP/FS on or after October 1st can’t use a voided birth certificate to verify identity, the food stamp office should accept other evidence of identity, including third party statements (ie, a letter from someone who knows the applicant).  Moreover, the food stamp office cannot deny benefits based solely on the fact that an individual has a voided Puerto Rican birth certificate.  

A birth certificate is generally not needed to prove citizenship - an individual’s attestation of citizenship is sufficient for SNAP/FS purposes unless the person’s citizenship status is questionable.  According to USDA: 

Since Puerto Ricans are U.S. citizens, verification of the member's citizenship status is not required unless questionable. SNAP regulations provide that the guidelines State agencies use to verify questionable information shall not be based on race, religion, ethnic background, or national origin, nor target a particular group. States must follow SNAP regulations on verifying citizenship when questionable, such as when the documentation provided is illegible or appears to be forged. Otherwise, the State agency must accept any reasonable documentary evidence provided by the household, including collateral statements and participation in another program as acceptable verification of citizenship status. 3

An invalid birth certificate can be used to verify age, if no other documents are available. 4

Medicaid 5

The Medicaid program has a fairly stringent citizenship verification requirement.  Fortunately, the NYS Department of Health (DOH) has adopted client friendly procedures.   The policy, as articulated in GIS 10 MA/017, includes these important points:

• People who apply for Medicaid on or after October 1, 2010 and have an “old” Puerto Rican birth certificate OR were born in Puerto Rico and have no birth certificate (or other verification of citizenship) should be authorized for Medicaid coverage for 12 months, assuming they are otherwise eligible.
• DOH will run a citizenship verification data match with SSA on these individuals sometime in mid- to late-October 2010.   More details re:  the data match process will be released at a later date.
• Medicaid recipients born in Puerto Rico do not have to re-verify their citizenship status. Per the GIS:

“The LDSS does not have to re-certify or re-determine eligibility for Puerto Rican born individuals, who presented their original birth certificate or certified copy of their birth certificate (issued prior to July 1, 2010), and applied for or received benefits prior to October 1, 2010. Once a person’s citizenship is documented, it should not be re-documented unless that person’s citizenship becomes questionable.”

• Upon request, local districts should provide individuals with instructions on how to obtain a new birth certificate as well as a copy of the application form. 

If you have questions about Law 191 and its impact on public benefits, please contact Cathy Roberts (518) 462-6831, croberts@empirejustice.org.

Footnotes

1.  See OTDA General Information System (GIS) message  10 TA/DC 018 (“Amendment to Law 191 Invalidating Puerto Rico Birth Certificates”), available at  http://www.otda.state.ny.us/main/policy/gis/2010/10dc018.pdf, as well as GIS 10 TA/DC 016 (“Law 191 Invalidating Puerto Rican Birth Certificates”) at http://www.otda.state.ny.us/main/policy/gis/2010/10dc016.pdf
2.  Ibid.  See also these USDA memos:  “ SNAP - Treatment of Household Members with Voided Puerto Rican Birth Certificates - Extended Transition Period and Revised Effective Date,” issued 7/2/2010, available at http://www.fns.usda.gov/snap/rules/Memo/2010/070210.pdf and “SNAP - Treatment of Household Members with Voided Puerto Rican Birth Certificates, issued 6/21/2010 and available at  http://www.fns.usda.gov/snap/rules/Memo/2010/062110.pdf
3.  Ibid, per the 6/21/2010 USDA memo.
4.  Ibid.
5.  See the NYS Department of Health’s  (DOH’s ) general information system (GIS) message – GIS 10 MA/017 (“Puerto Rican Birth Certificates: Medicaid Applications Received On or After October 1, 2010”) and its attachments, available at 
http://www.health.state.ny.us/health_care/medicaid/publications/docs/gis/10ma017.pdf;
http://www.health.state.ny.us/health_care/medicaid/publications/docs/gis/10ma017att1.pdf;
http://www.health.state.ny.us/health_care/medicaid/publications/docs/gis/10ma017att2.pdf;
http://www.health.state.ny.us/health_care/medicaid/publications/docs/gis/10ma017att3.pdf.