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MEDICAL SERVICES POLICY MANUAL, SECTION E

E 501 Requests for Legal Opinions Regarding Resources

E-501 Requests for Legal Opinions Regarding Resources MS Manual 02/16/17 A legal opinion from the Office of Chief Counsel (OCC) will be requested when the caseworker, the Program Eligibility Coordinator, and the Program Eligibility Analysts are unsure of whether a resource should be considered or disregarded. If the equity value of the questionable resource, when combined with other resources, appears to exceed the resource limit, OCC will be contacted if: • Ownership of the resource is questionable, or • The applicant’s right to transfer the resource is questionable. All such requests for a legal opinion will be submitted through eDoctus to The Division of Aging and Adult Services (DAAS) LTSS Support Unit according to the instructions below: 1. The cover memo will outline the issue to be determined and will include any relevant facts. Copies of any documents affecting the property such as deeds, wills and contracts must be attached. If the applicant does not have the necessary documents, he or she will be advised that it is his or her responsibility to obtain them. 2. The caseworker will scan the documents for the legal opinion request in the proper order into the eDoctus library, “County Request for Medicaid Decision.” The proper order to scan documents into electronic record can be found on the OCC legal document review checklist. This will trigger an email message to the Program Eligibility Analysts (PEA) for the area that the county office is located in.

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Page 167

Official source

MEDICAL SERVICES POLICY MANUAL, SECTION E

E 501 Requests for Legal Opinions Regarding Resources

E-501 Requests for Legal Opinions Regarding Resources MS Manual 02/16/17 A legal opinion from the Office of Chief Counsel (OCC) will be requested when the caseworker, the Program Eligibility Coordinator, and the Program Eligibility Analysts are unsure of whether a resource should be considered or disregarded. If the equity value of the questionable resource, when combined with other resources, appears to exceed the resource limit, OCC will be contacted if: • Ownership of the resource is questionable, or • The applicant’s right to transfer the resource is questionable. All such requests for a legal opinion will be submitted through eDoctus to The Division of Aging and Adult Services (DAAS) LTSS Support Unit according to the instructions below: 1. The cover memo will outline the issue to be determined and will include any relevant facts. Copies of any documents affecting the property such as deeds, wills and contracts must be attached. If the applicant does not have the necessary documents, he or she will be advised that it is his or her responsibility to obtain them. 2. The caseworker will scan the documents for the legal opinion request in the proper order into the eDoctus library, “County Request for Medicaid Decision.” The proper order to scan documents into electronic record can be found on the OCC legal document review checklist. This will trigger an email message to the Program Eligibility Analysts (PEA) for the area that the county office is located in.