TO:	Local District Commissioners
Directors of Temporary Assistance
Medical Assistance Directors
Food Stamp Directors
FROM:	Robert Doar, Commissioner, Office of Temporary and Disability Assistance
Charlotte A. Watson, Director, Bureau of Refugee & Immigration Affairs
SUBJECT:	Benefits for Non-Citizen Refugees Displaced by Hurricane Katrina
EFFECTIVE DATE:	Immediate and through September 30, 2006 
CONTACT PERSON:	Pablo.Rivera@otda.state.ny.us or (518) 473-9675 	

This GIS notice provides instructions to local districts regarding waivers that apply to the Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) benefit programs funded by the federal Office of Refugee Resettlement (ORR). OTDA Administrative Directive 05-ADM-01 describes these benefit programs, which complement the Safety Net, TANF and Medicaid programs.  
The waivers to RCA and RMA rules described here are based on the instructions of the US Department of Health and Human Services (DHHS) Office of Refugee Resettlement (ORR), contained in the following letters: 
1) ORR State Letter #05-23	3) ORR State Letter #05-25	5) ORR State Letter #05-27	
2) ORR State Letter #05-24	4) ORR State Letter #05-26		
The areas covered by this notice are the authorized waivers with regards to: refugee health screening, documentation of eligibility for ORR funded benefits, Social Security Number, and disaster relief income considerations.  
•	Health Screening 
The 90 day limit on the use of RMA funding for refugee health screening is waived for Hurricane Katrina refugees.  This waiver authorizes RMA reimbursement for refugee health screenings that may occur later than the 90th day after their date of entry (or immigration status change) without prior determination of Medicaid eligibility. This waiver is effective from September 1, 2005 through January 1, 2006.  
The federal contact person for clarification of the federal policy on this waiver is Kimchi Nguyen at (202) 410-4556 (Reference ORR State Letter #05-27). However, local districts may, in the first instance, contact Pablo Rivera at OTDA.

•	Documentation of Eligibility for ORR Benefits 
The following process is authorized by the federal Office of Refugee Resettlement to determine eligibility for RCA and RMA for Katrina non-citizen refugees in New York State who do not have documentation required in 05-ADM-01. 
Eligibility workers should assist the applicant to prepare or obtain a written, signed and witnessed declaration (a notarized document is not required), containing the information listed below:  
- 	Applicant’s Name
- 	Date of Birth
- 	Alien Registration Number “A Number” (if available) 
- 	Current immigration status that is eligible for ORR benefits and services: Refugee, Asylee, Cuban/Haitian Entrant, Amerasian, Victim of Trafficking, and family member of Victim of Trafficking or a Lawful Permanent Resident that previously held status as a Refugee, Asylee, Cuban/Haitian Entrant, or a Victim of Trafficking and family members
- 	Most recent permanent address prior to displacement 
- 	An acknowledgement that he or she has been displaced as a result of Hurricane Katrina
- 	Date of “Entry” (which represents the date of a Refugee arrival into the US, the date when asylum was granted, the date when Cuban/Haitian Entrant status was assigned, the date of the ORR Trafficking Eligibility or the date of the Certification letter) 
-	Client Signature (witnessed by the eligibility worker or a colleague on site)
Applicants from the affected area whose date of entry or status change is between February 1, 2005 and September 1, 2005 may use the witnessed declaration described above.  
If the declaration indicates that the applicant: 
1.	Is in an immigration status that confers eligibility for ORR benefits, and 
2.	Is displaced as a result of Hurricane Katrina, and 
3.	Has a declared date of entry within the time limits listed above, then
the eligibility worker may conclude that the applicant is eligible for RCA and RMA benefits as described in 05-ADM-01 if other program requirements are met. 
Note that the 8-month RCA and RMA eligibility period from the date of entry or date of status change has not been waived, so the amount of time of eligibility remaining is specific to the individual. 
If the arrival to New York of the Katrina refugee applicant is subsequent to the individual’s date of entry the individual applied for benefits between September 1, 2005 and April of 2006, the applicant is eligible for the portion of the 8-month benefit period that remains, starting with the month that they apply for benefits (e.g., the person arrives into the US on July 1, 2005 and moves to New York State on September 1, 2005, where they immediately apply for assistance. The person is eligible for only 6 months of RCA and/or RMA benefits.)
The majority of individuals displaced may have contacted a refugee services provider for help in obtaining replacement immigration documents, social security card or other lost documents.  
The eligibility worker should inquire with the individual and/or the service provider into the following:
-	Has the individual applied for replacement immigration documents?
-	Has the individual applied for a state driver's license or personal identification?
-	Has s/he applied for a replacement social security card? 
-	Where has he/she been residing since early September 2005?
If there still remains a question as to eligibility, the eligibility worker should contact OTDA and provide a direct phone number and an email address to ensure proper follow up.  
•	Social Security Number
A Social Security Number is not required by the ORR to establish eligibility for ORR programs and services. Note that this provision is not a waiver but a reminder of existing regulation.  
All applicants for Medicaid must provide a social security number or proof that they have applied for one or tried to apply for one. A Social Security Number is not a requirement for pregnant women, undocumented immigrants and temporary non-immigrants applying for the treatment of an emergency medical condition and certain battered immigrants.
At the point when a recipient has ended his or her RMA time eligibility  period, and the worker is reconsidering eligibility for Medicaid and  certain other benefits a Medicaid eligibility worker should try to help  the applicant apply for a SSN.  The worker should refer the applicant to a local Social Security office and provide the applicant with a letter on agency letterhead requesting a Social Security number be issued.  If an applicant still cannot get a SSN, then the applicant can submit a statement to the Medicaid eligibility worker describing how s/he tried to get an SSN.
A Medicaid application cannot be delayed or denied if  the applicant does  not have a SSN or cannot get "proof" from the Social Security Administration that they tried to apply. 
•	Disaster Relief Income  
Any disaster relief benefit received by an otherwise eligible Hurricane Katrina non-citizen refugee should not be considered as a resource for the purpose of determining eligibility for RCA or RMA benefits or other ORR funded benefits and services.