Section 360-3.2 - Conditions of eligibility.
Effective Date
360-3.2 Conditions of eligibility. All applicants for and recipients
of MA must meet their requirements in this section to be eligible for
MA.
(a) Applicants/recipients must assign to the department:
(1) any rights to payment for medical care from a third party; and
(2) rights to support specified by a court or administrative order to
be used for medical care.
(b) An individual who has the legal authority to assign the rights of
a person eligible for MA to the support and payments listed in subdivi-
sion (a) of this section (an assignor), including a legally responsible
relative living with such person, must assign those rights to the State
and the social services district on behalf of the person.
(c) Applicants for and recipients of MA must cooperate in good faith
with the State and social services officials in establishing the pater-
nity of a child born out of wedlock; in efforts to locate any absent
parent or putative father; in establishing, modifying, and enforcing
orders of support; and in obtaining support payments or any other
payments or property due such person and due each child, unless the
applicant or recipient is found by the social services district or an
appropriate designee to have good cause for refusing to cooperate in
accordance with the provisions of subdivision (f) of this section.
However, women must not be required as a condition of eligibility for MA
to cooperate during pregnancy, during the 60-day period beginning on the
last day of the pregnancy, or during the remainder of the calendar month
in which such 60th day occurs. The term cooperate includes the follow-
ing:
(1) completing the child support enforcement referral form and, at a
minimum, providing verifiable information on the form sufficient to
identify and locate the absent parent or putative father, including:
(i) the full name and social security number of the absent parent or
putative father; or
(ii) the full name of the absent parent or putative father and at
least two of the following concerning such parent or father:
(a) date of birth;
(b) residential and, if different, mailing address;
(c) telephone number; and
(d) name and address of employer; or
(iii) the full name and any additional information equivalent to the
information contained in subparagraph (i) or (ii) of this paragraph that
leads to the absent parent's or putative father's identity and location;
(2) appearing at the local child support enforcement unit, as neces-
sary, to provide the child support enforcement referral form and such
oral or written information or documentary evidence, known to be
possessed by or reasonably obtainable by the applicant or recipient,
that is relevant to achieving the objectives of this subdivision;
(3) appearing as a witness at court or other hearings or proceedings
necessary to achieve the objectives of this subdivision;
(4) providing information or attesting to the lack of information
under penalty of perjury;
(5) submitting the child and herself or himself to genetic tests,
pursuant to judicial order or administrative direction; and
(6) after an assignment of medical support under this subdivision has
been made, paying to the support collection unit any payments received
from the absent parent which are covered by that assignment.
(d) When an applicant or recipient fails, absent good cause, to
provide verifiable information on the child support enforcement referral
form sufficient to identify and locate the absent parent or putative
father as required by subdivision (c) of this section, the local child
support enforcement unit must determine whether the applicant or recipi-
ent has cooperated in good faith to establish the paternity of the child
and to establish, modify and enforce a support order for the child
pursuant to section 347.5 of this Title.
(e) MA cases must be reported to the local child support enforcement
unit within two working days of continuing assistance following the 60
day period which begins on the last day of pregnancy, except in the case
of an applicant or recipient found, pursuant to paragraph (1) of subdi-
vision (f) of this section, to have good cause for refusing to cooperate
in establishing the paternity of a child and in establishing, modifying
and enforcing a support order for the child. Such cases must be reported
to the local child support enforcement unit, as specified in paragraph
(3) of subdivision (f) of this section.
(f) Good cause for refusing to cooperate.
(1) Claiming good cause for refusing to cooperate.
(i) Opportunity to claim good cause. An applicant for or recipient of
MA will have the opportunity to claim good cause for refusing to cooper-
ate as specified by subdivision (c) of this section.
(ii) Notification to the applicant or recipient. The MA applicant or
recipient shall be notified of the right to claim good cause as an
exception to the cooperation requirement and of all the requirements
applicable to a good cause determination.
(a) Such notice shall be in writing in a form prescribed by the
Department of Health.
(b) The social services district worker or an appropriate designee and
the applicant or recipient shall sign and date a copy of the notice. A
copy of the notice shall be given to the applicant or recipient, and a
signed copy shall be filed in the MA case record.
(iii) Requirements upon applicant or recipient. An applicant for or
recipient of MA who refuses to cooperate, and who claims to have good
cause for refusing to cooperate, has the burden of establishing the
existence of a good cause circumstance and will be required to:
(a) specify the circumstances that the applicant or recipient believes
provide sufficient good cause for not cooperating;
(b) corroborate the good cause circumstances in accordance with
subparagraph (vii) of this paragraph; and
(c) if requested, provide sufficient information (such as the putative
father or absent parent's name and address, if known) to permit an
investigation pursuant to clause (g) of subparagraph (iv) of this para-
graph. If the applicant or recipient does not meet the above require-
ments, the social services district worker or an appropriate designee
shall on that basis determine that good cause does not exist.
(iv) Circumstances under which cooperation is against the best inter-
ests of the child. Cooperation in establishing paternity or seeking
support shall be deemed to be against the best interest of the child
only if:
(a) the applicant's or recipient's cooperation in establishing pater-
nity or securing support is reasonably anticipated to result in:
(1) physical harm to the child for whom support is to be sought;
(2) emotional harm to the child for whom support is to be sought;
(3) physical harm to the parent or caretaker relative with whom the
child is living which reduces such person's capacity to care for the
child adequately;
(4) emotional harm to the parent or caretaker relative with whom the
child is living of such nature or degree that it reduces such person's
capacity to care for the child adequately;
(b) the child for whom support is sought was conceived as a result of
incest or forcible rape; or
(c) legal proceedings for the adoption of the child are pending before
a court of competent jurisdiction; or
(d) the applicant or recipient is currently being assisted by a public
or licensed private social agency to resolve the issue of whether to
keep the child or relinquish him or her for adoption, and discussions
have not gone on for more than three months.
(v) Physical harm and emotional harm defined. Physical harm and
emotional harm must be of a serious nature in order to justify finding
of good cause. A finding of good cause for emotional harm may only be
based on a demonstration of an emotional impairment that substantially
affects the individual's functioning.
(vi) Special considerations related to emotional harm.
(a) For every good cause determination which is based in whole or in
part on the anticipation of emotional harm to the child, the parent or
the caretaker relative, the social services district worker or an appro-
priate designee shall consider the following:
(1) the present emotional state of the individual subject to emotional
harm;
(2) the emotional health history of the individual subject to
emotional harm;
(3) the intensity and probable duration of the emotional upset;
(4) the degree of cooperation to be required; and
(5) the extent of the involvement of the child in the paternity estab-
lishment or support enforcement activity to be undertaken.
(b) The findings with respect to the above factors shall be documented
in the MA case record.
(vii) Proof of good cause claim.
(a) The good cause determination will be based on corroborative
evidence supplied by the applicant or recipient only after the social
services district worker or an appropriate designee has examined the
evidence and found it actually verifies the good cause claim.
(b) The applicant or recipient who claims good cause must provide
corroborative evidence within 20 days from the day the claim was made.
If the social services district worker or an appropriate designee deter-
mines that the applicant or recipient requires additional time because
of the difficulty of obtaining the corroborative evidence, upon supervi-
sory approval, the worker or designee shall allow a reasonable addi-
tional period of time.
(c) Good cause may be corroborated with the following types of
evidence:
(1) birth certificates or medical or law enforcement records which
indicate that the child was conceived as the result of incest or forci-
ble rape;
(2) court documents or other records which indicate that legal
proceedings for adoption are pending before a court of competent juris-
diction;
(3) court, medical, criminal, child protective services, social
services, psychological, or law enforcement records which indicate that
the putative father or absent parent might inflict physical or emotional
harm on the child or caretaker relative;
(4) medical records which indicate emotional health history and pres-
ent emotional health status of the caretaker relative or the child for
whom support would be sought, or written statements from a mental health
professional licensed to practice in New York, indicating a diagnosis or
prognosis concerning the emotional health of the caretaker relative or
the child for whom support would be sought;
(5) a written statement from a public or licensed private social agen-
cy that the applicant or recipient is being assisted by the agency to
resolve the issue of whether to keep the child or relinquish him or her
for adoption; and
(6) sworn statements from individuals, other than the applicant or
recipient, with knowledge of the circumstances which provide the basis
for good cause claim.
(d) If after examining the corroborative evidence submitted by the
applicant or recipient, the social services district worker or an appro-
priate designee determines that additional corroborative evidence is
needed to permit a good cause determination, the worker or designee
will:
(1) promptly notify the applicant or recipient that additional corro-
borative evidence is needed; and
(2) specify the type of document needed.
(e) Upon request, the social services district worker or an appropri-
ate designee will:
(1) advise the applicant or recipient how to obtain the necessary
documents; and
(2) make a reasonable effort to obtain any specific documents which
the applicant or recipient is not reasonably able to obtain without
assistance.
(f) Where a claim is based on the applicant's or recipient's antic-
ipation of physical harm as specified and defined in subparagraphs (iv)
and (v) of this paragraph, and corroborative evidence is not submitted
in support of the claim:
(1) the social services district worker or an appropriate designee
will investigate the good cause claim when the worker or designee
believes that the claim is credible without corroborative evidence, and
corroborative evidence is not available;
(2) good cause will be found if the claimant's sworn statement and the
investigation which is conducted satisfy the social services district
worker or an appropriate designee that the applicant or recipient has
good cause for refusing to cooperate; and
(3) a determination that good cause exists will be reviewed and
approved or disapproved by supervisory personnel and the findings will
be recorded in the MA case record.
(g) The good cause claim may be further verified if the applicant's or
recipient's statement of the claim required by this subparagraph,
together with the corroborative evidence, does not provide sufficient
basis for making a determination. When the social services district
worker or an appropriate designee determines that it is necessary, the
worker or designee may conduct an investigation of good cause claims to
determine that good cause does or does not exist.
(h) If the social services district worker or an appropriate designee
conducts an investigation of a good cause claim, the worker or designee
will:
(1) contact the absent parent or putative father from whom support
would be sought if such contact is determined to be necessary to estab-
lish the good cause claim; and
(2) prior to making such necessary contact, notify the applicant or
recipient to enable the applicant or recipient to:
(i) present additional corroborative evidence or information so that
contact with the parent or putative father becomes unnecessary; or
(ii) withdraw the application for assistance or have the case closed;
or
(iii) have the good cause claim denied.
(2) Participation by the child support enforcement unit.
(i) Prior to making a final determination of good cause for refusing
to cooperate, the social services district worker or an appropriate
designee shall:
(a) afford the local child support enforcement unit the opportunity to
review and comment on the findings and basis for the proposed determi-
nation; and
(b) consider any recommendation fromm the child support enforcement
unit.
(ii) The worker or designee shall give the local child support
enforcement unit the opportunity to participate in any hearing that
results from an applicant's or recipient's appeal of any action of the
Department of Health under this subdivision.
(3) Notice to the local child support enforcement unit. The social
services district worker or an appropriate designee shall promptly
report to the local child support enforcement unit:
(i) all cases in which good cause has been claimed and a determination
is pending;
(ii) all cases in which there is a good cause for refusal to cooperate
and the basis for the determination and whether or not child support
enforcement may proceed without the participation of the caretaker relative; and
(iii) all cases in which it has been determined there is not good
cause for refusal to cooperate.
(4) Granting or continuation of assistance. MA shall not be denied,
delayed or discontinued pending a determination of good cause for
refusal to cooperate if the applicant or recipient has complied with the
requirement of this subdivision to furnish corroborative evidence and
information.
(5) Periodic review of good cause determination. The social services
district worker or an appropriate designee shall:
(i) periodically review, not less frequently than at each redetermi-
nation of eligibility, those cases in which the agency or an appropriate
designee has determined that good cause exists based on a circumstance
that is subject to change;
(ii) determine if circumstances have changed to the extent that good
cause no longer exists. If so, the worker or designee shall rescind the
findings; and
(iii) give prompt notification to the child support enforcement unit
of every change in determination of good cause, as required by subpara-
graphs (i) and (ii) of this paragraph.
(6) Recordkeeping. Social services districts shall maintain records of
the activities under this subdivision as prescribed by the Department of
Health.
(7) Enforcement without the caretaker's cooperation.
(i) If a determination of good cause is made on the basis of the
circumstances specified above, a determination shall also be made of
whether or not child support enforcement could proceed without risk to
the child or caretaker relative if the enforcement or collection activ-
ities did not involve their participation.
(ii) This determination shall be in writing, contain the agency's or
its designee's finding and basis for determination, and be entered into
the MA case record.
(iii) if the social services district worker or an appropriate desig-
nee excuses cooperation but determines that the child support enforce-
ment unit may proceed to establish paternity or enforce support, the
worker or designee shall notify the applicant or recipient to enable
such individual to withdraw his or her application for assistance or
have the case closed.
(iv) In the process of making a determination under this paragraph,
the social services district worker or an appropriate designee shall
afford the child support enforcement unity the opportunity to review and
comment on the findings and basis for the proposed determination, and
consider any recommendation from the child support enforcement unit.
(8) Final determination of good cause for refusal to cooperate.
(i) The social services district worker or an appropriate designee
will make the final determination that good cause does or does not
exist. Such determination shall:
(a) be in writing;
(b) contain the findings and basis for the determination; and
(c) be entered in the MA case record.
(ii) The determination shall be made within 30 days form the day the
good cause claim is made.
(iii) The social services district worker or an appropriate designee
may exceed the 30 day period when the case record documents that addi-
tional time is needed because the information required to verify the
claim cannot be obtained within 30 days or the claimant did not provide
corroborative evidence within 20 days.
(iv) If the social services district worker or an appropriate designee
determines good cause does not exist:
(a) the applicant or recipient will be so notified and afforded the
opportunity to cooperate, withdraw the application for assistance, or
have the case closed; and
(b) continued refusal to cooperate will result in sanctioning the
applicant or recipient.
(g) Applicants/recipients must assign to the State and the social
services district any rights that they or their dependent family members
included in the application have under any health insurance policy or
group health plan.
(h) An employed applicant/recipient who is eligible for MA without
having to reduce excess income in accordance with section 360-4.8 (c) of
this Part must enroll in any group health insurance plan offered by the
employer where no employee contribution is required. If an employee
contribution is required, such an applicant/recipient must enroll only
if the social services district decides to pay the premiums pursuant to
section 360-7.5(g) of this Part. The MA eligibility of only the
employed applicant/recipient will be affected by his/her failure to
follow the requirements of this subdivision.
(i) Applicants/recipients must cooperate with the State and the social
services district in identifying any third party who may be liable to
pay for medical care. The applicant/recipient must provide information
to assist the State and the social services district in pursuing any
such third party. Exceptions may be made if the applicant/recipient has
good cause for refusing to cooperate.
(j) Citizenship and immigration status. (1) Definitions. (i) Qualified immigrants.
The term qualified immigrant includes the following categories of aliens:
(a) refugees admitted under section 207 of the Immigration and Nationality Act;
(b) asylees granted asylum under section 208 of the Immigration and Nationality Act;
(c) aliens whose deportation was withheld under section 241(b)(3) or 243(h) of the Immigration and Nationality Act;
(d) Cuban and Haitian entrants (as defined in section 501(e) of the Refugee Education Assistance Act of 1980), including all Cuban or Haitian parolees;
(e) aliens admitted into the United States as Amerasian immigrants as described in section 402(a)(2)(A)(v) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. Section 1612(a)(2)(A)(v));
(f) aliens lawfully admitted for permanent residence in the United States;
(g) aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act for a period of at least one year, except Cuban or Haitian parolees;
(h) aliens granted conditional entry into the United States under section 203(a)(7) of the Immigration and Nationality Act;
(i) battered spouses and dependents meeting the criteria of section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. Section 1641(c));
(j) aliens on active duty, other than active duty for training, in the United States Armed Forces or who are veterans who have received a discharge characterized as honorable and not on account of alienage, or the spouse, unremarried surviving spouse or unmarried dependent child of any such alien;
(k) Canadian born Native Americans;
(l) Native Americans belonging to a federally recognized tribe who were born outside the United States; and
(m) victims of a severe form of trafficking under section 107(b) of the Trafficking Victims Protection Act of 2000 (P.L. 106-386).
(ii) Permanently Residing Under Color of Law (PRUCOL). The term PRUCOL alien means an alien who is residing in the United States with the knowledge and permission or acquiescence of the federal immigration agency and whose departure from the U.S. such agency does not contemplate enforcing. An alien will be considered as one whose departure the federal immigration agency does not contemplate enforcing if, based on all the facts and circumstances in a particular case, it appears that the federal immigration agency is otherwise permitting the alien to reside in the United States indefinitely or it is the policy or practice of such agency not to enforce the departure of aliens in a particular category. The following categories of aliens are PRUCOL:
(a) aliens paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act for less than one year;
(b) aliens residing in the United States pursuant to an Order of Supervision;
(c) deportable aliens residing in the United States pursuant to an indefinite stay of deportation;
(d) aliens residing in the United States pursuant to an indefinite voluntary departure;
(e) aliens on whose behalf an immediate relative petition has been approved, and members of their families covered by the petition, who are entitled to voluntary departure and whose departure the federal immigration agency does not contemplate enforcing;
(f) aliens who have filed an application for adjustment to lawful permanent resident status pursuant to section 245 of the Immigration and Nationality Act, whose application the federal immigration agency has accepted as properly filed or has granted, and whose departure the federal immigration agency does not contemplate enforcing;
(g) aliens granted stays of deportation by court order, statute or regulation or by individual determination of the federal immigration agency pursuant to section 243 of the Immigration and Nationality Act, whose departure the federal immigration agency does not contemplate enforcing;
(h) aliens granted voluntary departure status pursuant to section 242(b) of the Immigration and Nationality Act whose departure the federal immigration agency does not contemplate enforcing;
(i) aliens granted deferred action status;
(j) aliens who entered and have continuously resided in the United States since before January 1, 1972;
(k) aliens granted suspension of deportation pursuant to section 244 of the Immigration and Nationality Act whose departure the federal immigration agency does not contemplate enforcing; and
(l) any other alien living in the United States with the knowledge and permission or acquiescence of the federal immigration agency and whose departure such agency does not contemplate enforcing.
(iii) Emergency medical condition. The term emergency medical condition means a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in:
(a) placing the person’s health in serious jeopardy;
(b) serious impairment to bodily functions; or
(c) serious dysfunction of any bodily organ or part.
(2) Eligibility for Medical Assistance. (i) The following persons, if otherwise eligible, are eligible for medical assistance:
(a) citizens, qualified immigrants and PRUCOL aliens;
(b) any alien who, on August 4, 1997, resided in a residential health care facility licensed by the department or in a residential facility licensed, operated or funded by the office of mental health or the office of mental retardation and developmental disabilities, and was in receipt of a medical assistance authorization based on a finding that such alien was PRUCOL; and
(c) any alien who, on August 4, 1997, was diagnosed as having acquired immune deficiency syndrome, as defined in subdivision one of section two thousand seven hundred eighty of the public health law, and was in receipt of a medical assistance authorization based on a finding that such alien was PRUCOL.
(ii) Aliens other than those specified in subparagraph (i) of this paragraph, if otherwise eligible, are eligible for medical assistance only for care and services (not including care and services related to an organ transplant procedure) necessary for the treatment of an emergency medical condition. Nothing in this subparagraph shall be interpreted as affecting the eligibility for pre-natal care benefits for aliens otherwise eligible for such benefits.
(3) Other requirements. (i) Except as provided in subparagraph (ii) of this paragraph, an applicant for, or recipient of, medical assistance must provide:
(a) evidence of his or her citizenship or status as a qualified immigrant or PRUCOL alien; and
(b) a social security number or documentation that such person has applied for a social security number.
(ii) The requirements of subparagraph (i) of this paragraph do not apply to the following persons:
(a) aliens seeking medical assistance for the treatment of an emergency medical condition; and
(b) pregnant women for the duration of the pregnancy and the sixty day period that begins on the last day of the pregnancy and including, but not exceeding, the last day of the month in which the sixty day post-partum period ends.
(k) Applicants/recipients must be residents of New York State. The
applicant's/recipient's state of residence is responsible for providing
medical assistance. Residency requirements are listed in this subdivi-
sion. Exceptions to the residency requirements are found in section
360-3.6 of this Part.
(1) Placements in institutions by other states. (i) A person placed in
a New York State institution by another state, or by a public or private
organization contracting with the other state for such purposes, is a
resident of the state arranging or making the placement.
(ii) A person placed in an out-of-state institution by an agency of
New York State, or by a public or private organization contracting with
New York State for such purposes, is a resident of New York State.
(iii) A competent individual who leaves an institution in which he/she
has been placed by another state is a resident of the state where he/she
is physically located.
(2) Persons receiving State supplementary payments. Any person receiv-
ing a State supplementary payment under the SSI program is a resident of
New York State if the payment is made on behalf of New York State.
(3) Persons receiving title IV-E foster care maintenance payments.
Any person receiving foster care maintenance payments under title IV-E
of the Social Security Act and living in New York State is a resident of
the State, regardless of which state is making the payments.
(4) Persons on whose behalf a title IV-E adoption assistance agreement
is in effect. Any person on whose behalf an adoption assistance agree-
ment is in effect under title IV-E of the Social Security Act is a resi-
dent of New York State if he/she is living in the State. This provision
applies regardless of which state has the agreement in effect and
regardless of whether adoption assistance payments are provided under
the agreement or are being made pursuant to title IV-E.
(5) Persons age 21 and over. (i) Any person not residing in an insti-
tution is a resident of New York State if he/she is living in the State
and:
(a) intends to remain permanently or indefinitely; or
(b) is unable to state intent; or
(c) entered the State to take a job or to seek employment.
(ii) An institutionalized person who became unable to state intent
before age 21 is a resident of New York State if:
(a) the parents reside in separate states, and the parent applying for
MA on the person's behalf is a resident of the State or was a resident
of the State at the time of placement; or
(b) parental rights have been terminated, a legal guardian has been
appointed, and the legal guardian applying for MA on the person's behalf
is a resident of the State or was a resident of the State at the time of
placement; or
(c) the parent or legal guardian applying on the person's behalf is a
New York State resident and the person is institutionalized in New York
State; or
(d) the person has been abandoned by his/her parents, has no legal
guardian, is institutionalized in New York State, and the party applying
on the person's behalf is a State resident.
(iii) Any person institutionalized in New York State who becomes
unable to state intent at or after age 21 is a resident of New York
State unless another state made the placement.
(iv) Any other person institutionalized in New York State is a State
resident if he/she intends to remain in the State permanently or indefi-
nitely.
(6) Persons under age 21. (i) Any person who is married or emancipated
from his/her parents and who is capable of stating intent, is a State
resident if he/she is living in the State and intends to remain perma-
nently or indefinitely.
(ii) Any noninstitutionalized person who is living in the State and
whose MA eligibility is based on blindness or disability is a State
resident.
(iii) Any other noninstitutionalized person is a State resident if:
(a) the person is living in the State on other than a temporary basis;
or
(b) the person's caretaker, as defined by Federal and State law, is
living in the State, is not receiving assistance from another state, and
entered this State to take or seek employment.
(iv) Any institutionalized person who is neither married nor emanci-
pated is a State resident if:
(a) the parent applying for MA on the person's behalf is a State resi-
dent or was a State resident at the time of placement; or
(b) parental rights have been terminated, a legal guardian has been
appointed, and the legal guardian applying for MA on the person's behalf
is a resident of the State or was a State resident at the time of place-
ment; or
(c) the person has been abandoned by his/her parents, has no legal
guardian, is institutionalized in New York State, and the party applying
for MA on the person's behalf is a State resident.
(7) Prohibitions. (1) A person cannot be denied MA because he/she has
not resided in the State for a specified period.
(ii) A person cannot be denied MA because he/she does not reside in a
permanent dwelling or does not have a fixed home or mailing address.
(iii) An institutionalized person who meets the residency requirements
of this subdivision cannot be denied MA because he/she did not establish
residence in the State before entering the institution.
(iv) A person cannot be denied MA or have MA terminated because of a
temporary absence from the State if he/she intends to return when the
purpose of the absence is accomplished, unless another state has deter-
mined the person to be a resident of that state for medical assistance
purposes.
(8) Interstate agreements. Notwithstanding any inconsistent provisions
of this subdivision, the department may enter into interstate agree-
ments, consistent with Federal law and regulations, to set forth rules
and procedures to resolve cases of disputed residence. The application
of such rules and procedures cannot result in a person losing residence
in both states.
(l) Applicants/recipients whose MA identification cards must contain a photo
image, pursuant to the requirements of section 360-6.2(b) of this Part, must
submit to a photo imaging process in connection with the creation of such
identification cards.
(m) Applicants/recipients whose MA identification cards must contain a photo
image, pursuant to the requirements of section 360-6.2(b) of this Part, other
than applicants for or recipients of health care services under Title 11-D of
the Social Services Law, must establish their identities by means of finger
images in accordance with the automated finger imaging system described in Part
384 of this Title.