Sebelius issues directive on verifying residency status

? Gov. Kathleen Sebelius has directed state agencies to make sure they verify that adults receiving social services are legal Kansas residents, a move that she said Wednesday was prompted by a new federal law.

She said her directive doesn’t represent a shift in policy because agencies already should have been checking on recipients’ status if a program’s benefits aren’t supposed to go to illegal immigrants under federal law.

Her directive, signed Aug. 22, doesn’t apply to disaster relief, emergency medical care, services for children or women seeking prenatal care.

“That’s been the policy in Kansas for years, but we just wanted to make sure all of our agencies had a protocol in place to verify citizenship before health benefits or food stamps or other taxpayer benefits are delivered,” Sebelius told reporters.

Still, Senate Majority Leader Derek Schmidt questioned the timing of the Democratic governor’s directive.

It came after Colorado Gov. Bill Owens, a Republican, signed a law forcing people receiving state and federal benefits to prove they are legal residents.

Also, Sen. Jim Barnett, the GOP gubernatorial nominee, has repeatedly criticized Sebelius over support for a 2004 law allowing some illegal immigrants to pay lower tuition reserved for other Kansas residents attending state universities and colleges.

“It’s probably inspired by the Colorado law, but it’s probably equally inspired by Senator Barnett’s criticism,” said Schmidt, R-Independence.

Neither is the case, Sebelius said. She noted a federal law that took effect July 1 requires Medicaid recipients to prove they are citizens. Medicaid, funded jointly by state and federal governments, covers medical services for the poor and disabled.

“We have had protocol in Kansas for years about how we figure out who is eligible for benefits, and it really is just a reminder that agency-by-agency, there needs to be verification,” Sebelius said.

She added that as Congress moves to rewrite immigration policy, “We don’t want to be in a situation where we’re going to jeopardize any of our federal funding.”

But even with her directive, Sebelius worries about the Medicaid law. Some social service advocates have suggested it could block benefits for legal U.S. citizens who have trouble coming up with documents.

“We certainly have patients with dementia in nursing homes. We have elderly Kansans who have had benefits for years and trying to obtain an original birth certificate, for instance, may be not an uncomplicated process,” she said.

She added: “We’re trying to make sure, working with the federal agencies, that we can both meet the guidelines but make sure we don’t have eligible Kansans who are actually cut off benefits because of the paperwork.”