RELATES TO:
KRS
205.520
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and
Family Services has responsibility to administer the Medicaid Program.
KRS
205.520(3) empowers the
cabinet, by administrative regulation, to comply with any requirement that may
be imposed or opportunity presented by federal law to qualify for federal
Medicaid funds.
KRS
116.048 designates the cabinet to have
responsibility for the administration of public assistance programs as a voter
registration agency in accordance with
42
U.S.C. 1973gg-10. This administrative
regulation establishes the provisions relating to the procedure by which an
application for Medicaid coverage is filed, except for individuals for whom a
modified adjusted gross income is the Medicaid eligibility income standard or
for former foster care individuals between the ages of nineteen (19) and
twenty-six (26) years who aged out of foster care while receiving Medicaid
coverage, and establishes the provisions and procedures necessary to provide an
eligible Medicaid recipient the opportunity to register, or to decline from
registering, to vote.
Section 1. Right
to Apply or Reapply.
(1) Each individual
wishing to do so shall have the opportunity to apply or reapply for Medicaid
through the Department for Community Based Services.
(2)
(a) An
individual applying on the basis of age, blindness, or disability shall not be
eligible as a medically needy individual, under
907
KAR 20:005, if the individual's income and resources
are within SSI limits.
(b) Denial
of assistance by the Social Security Administration for SSI for technical
reasons shall also be considered a denial for Medicaid benefits.
Section 2. Application
Process.
(1) An application shall be
considered to have been made:
(a) When the:
1. Individual or individual's authorized
representative has signed, under penalty of perjury, the application prescribed
by the Department for Community Based Services or the Social Security
Administration, for SSI benefits; and
2. Application has been received;
or
(b) Based on the date
of contact with the Department for Community Based Services or the Social
Security Administration for SSI benefits, by a person with a physical or mental
impairment who needs special accommodation due to the impairment.
(2) If an applicant is unable to
come to the office to apply, the applicant shall be advised that the applicant
may:
(a) Apply via telephone;
(b) Designate an authorized representative to
apply for the applicant using MAP-14, Authorized Representative; or
(c) Request a home visit to complete the
application process.
(3)
An applicant may be:
(a) Assisted by an
individual of the applicant's choice in the application process; and
(b) Accompanied by this individual in all
contacts with the agency.
(4) Deaf and hard of hearing services shall
be provided in accordance with
920 KAR
1:070.
(5)
Interpreter services shall be provided for persons who do not speak
English.
Section 3. Who
May Sign an Application.
(1) An application
for Medicaid shall be signed by the individual requesting assistance, the
relative with whom the child lives if the applicant is a child, or an
authorized representative.
(2) An
application for Medicaid for a child in foster care or for a private child
caring facility shall be signed by the:
(a)
Representative of the agency to which the child is committed; or
(b) Representative of the facility in which
the child is placed.
Section 4. Action on Applications.
(1)
(a) A
decision shall be made on each Medicaid application within forty-five (45)
days, except for an application requiring a disability determination.
(b) An application requiring a disability
determination shall be made within sixty (60) days.
(2) An exception to the timeframes referenced
in subsection (1) of this section shall be made if the:
(a) Applicant is cooperating but is unable to
obtain necessary verification for an eligibility decision to be made;
or
(b) Delay is beyond the control
of staff (such as failure or delay on the part of the applicant or examining
physician or because of some administrative or other emergency that could not
be controlled by staff).
(3) A case record shall document the cause
for the delay.
(4) Failure to
process an application within the time frames referenced in this section shall
not be used as the basis for denial.
Section 5. Voter Registration.
(1) An applicant or recipient shall be
provided the opportunity at the local Department for Community Based Services
office to complete an application to register to vote or update the applicant's
or recipient's current voter registration if the applicant or recipient is:
(a) Age eighteen (18) years or
over;
(b) Present in the office at
the time of the interview or when a change of address is reported;
and
(c) Not registered to vote or
not registered to vote at the applicant's or recipient's current
address.
(2) PAFS-706,
Voter Registration Rights and Declination, shall be utilized to document an
applicant or recipient's choice to:
(a)
Register to vote;
(b) Not register
to vote; or
(c) Indicate that the
applicant or recipient is currently registered to vote.
(3) The following individuals shall not be
permitted to register to vote by the process established in this administrative
regulation:
(a) An individual not included in
the Medicaid application;
(b) A
Medicaid payee only;
(c) An
authorized representative of a Medicaid recipient; or
(d) An individual acting as a responsible
party.
(4) An individual
providing voter registration services who seeks to unlawfully influence an
applicant's political preference or party registration as prohibited by
KRS
116.048(4) shall be subject
to a penalty or penalties pursuant to
KRS 116.995.
(5) Forms and information utilized in the
voter registration process shall:
(a) Remain
confidential; and
(b) Be used only
for voter registration purposes.
(6) Only Board of Elections officials may
view forms and information utilized directly in the voter registration
process.
(7)
(a) Completion of the voter registration form
is an application to apply to register to vote.
(b) The State Board of Elections shall:
1. Approve or deny the application to
register to vote; and
2. Send a
confirmation or denial notice to the applicant.
Section 6. Applicability. The
provisions and requirements of this administrative regulation shall:
(1) Apply to:
(a) Children in foster care;
(b) Aged, blind, or disabled individuals;
and
(c) Individuals who receive
supplemental security income benefits; and
(2) Not apply to individuals whose Medicaid
eligibility is determined:
(a) Using the
modified adjusted gross income standard pursuant to
907
KAR 20:100; or
Section 7. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Authorized Representative",
MAP 14, 1/09; and
(b) PAFS-706,
"Voter Registration Rights and Declination", 8/10.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law at the Department for Medicaid
Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through
Friday, 8 a.m. to 4:30 p.m.