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    Maryland Register
    Issue Date:  January 5, 2018
    Volume 45• Issue 1 • Pages 20—21
    Title 10
    10.09.24 Medical Assistance Eligibility
    Authority: Estates and Trusts Article, §14.5-1002; Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105, 15-121, and 15-401—15-407; Annotated Code of Maryland
    Notice of Proposed Action
    The Secretary of Health proposes to amend Regulation .04-1 under COMAR 10.09.24 Medical Assistance Eligibility.
    Statement of Purpose
    The purpose of this action is to require the Department of Human Services (DHS) to assist Medical Assistance-Long Term Care (MA-LTC) applicants by requesting financial verification directly from financial institutions. This amendment is being proposed to support the statutory requirements imposed on the Department of Human Services as outlined in Ch. 203 (H.B. 752), Acts of 2017.
    Comparison to Federal Standards
    There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.
    Estimate of Economic Impact
    The proposed action has no economic impact.
    Economic Impact on Small Businesses
    The proposed action has minimal or no economic impact on small businesses.
    Impact on Individuals with Disabilities
    The proposed action has no impact on individuals with disabilities.
    Opportunity for Public Comment
    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 5, 2018. A public hearing has not been scheduled.
    .04-1 Specific Application Requirements for MAGI Exempt Coverage Groups.
       A.—L. (text unchanged)
       M. Obtaining Financial Records from Fiduciary Institutions Doing Business in the State as of October 1, 2017.
           (1) The Department or its designee shall inform the applicant or authorized representative in a written or electronic document of the required information and verifications needed to determine financial eligibility for Medical Assistance and the time limit for submitting the required records.
           (2) The applicant or authorized representative shall provide all of the required information and verifications needed to determine financial eligibility for Medical Assistance within the time period specified in the notice from the Department or its designee.
           (3) The Department or its designee shall request financial records necessary to determine the applicant’s eligibility for Medical Assistance on behalf of the applicant when:
              (a) The applicant or authorized representative is actively attempting to obtain financial documentation to establish eligibility but has been unable to provide the required financial information through no fault of his own from a certain fiduciary institution conducting business in the State;
              (b) The applicant or authorized representative provides documentation to show their efforts to obtain the information; and
              (c) The applicant or authorized representative provides a signed consent form designated by the Department or its designee to obtain the records.
           (4) If the conditions set forth in §M(3) of this regulation are not met, the applicant or authorized representative remains responsible to provide the information.
           (5) Reimbursement Schedule. The Department or its designee shall reimburse a fiduciary institution for providing copies of financial records in accordance with the Banks and Banking regulations found in 12 CFR §219.3, including the Reimbursement Schedule at Appendix A.
    Secretary of Health