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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 2 • receive copies of the applicant or beneficiary’s notices and other communications from the agency; and/or • act on behalf of the applicant or beneficiary in any other matters with the agency. The power to act as an authorized representative is valid until the applicant or beneficiary modifies the authorization or notifies the agency the representative is no longer authorized to act on his or her behalf, or there is a change in the legal authority upon which the individual or organization’s authority was based. This notification to the agency must be in writing and should include the individual’s or authorized representative's signature as appropriate. As a condition of serving as an authorized representative, a provider or staff member or volunteer of an organization must sign an agreement that he or she will adhere to the regulation in: • 42 CFR part 431, subpart F (relating to confidentiality of information); • 45 CFR 155.260(f) (relating to confidentiality of information); • 42 CFR 447.10 (relating to the prohibition against reassignment of provider claims as appropriate for a health facility or an organization acting on the facility’s behalf); and • other relevant State and Federal laws concerning conflicts of interest and confidentiality of information. 17 DE Reg. 503 (11/01/13) 14100.2 Protected Filing Date An individual’s application filing date may be established based on either a written statement or an oral inquiry about Medicaid eligibility. An oral inquiry is a discussion about Medicaid eligibility for a specific person that results in a request for Medicaid. An oral inquiry must be documented when received. An oral inquiry or a written statement protects the filing date if a written application is completed and received in a DSS office within 30 days from the date of inquiry. When an application is received in the mail, the date of the postmark is considered the date of receipt. A postmark is the U.S. Postal Service mark stamped on a piece of mail canceling the postage stamp and recording the date and place of sending. An oral inquiry or written statement protects the filing date if an application is received within 30 days from the date of the inquiry. 17 DE Reg. 503 (11/01/13) 14100.3 Interview Requirement for Some Eligibility Groups An in-person interview is not required for any eligibility group subject to the modified adjusted gross income (MAGI)- based methodologies described in Section 16000. An in-person interview is not required for Long Term Care eligibility determinations. SEE SECTION 20101 - Application Process - Long-Term Care Services. 17 DE Reg. 503 (11/01/13) 22 DE Reg. 66 (07/01/18) 14100.4 Disposition of Applications The agency must include in each applicant's case record facts to support the agency's decision on the individual’s application. The agency must dispose of each application by a finding of eligibility or ineligibility, unless there is: a) an entry in the case record that the applicant voluntarily withdrew the application, and that the agency sent a notice confirming his decision; b) a supporting entry in the case record that the applicant has died; or c) a supporting entry in the case record that the applicant cannot be located. An application must be reinstated effective as of the date the application was first received by the Federally Facilitated Marketplace (FFM) in cases where the individual: a) submitted an application via the FFM and is assessed as not potentially eligible for Medicaid; b) withdrew the application for Medicaid; and c) is assessed as potentially eligible for Medicaid by the FFM appeals entity. All applicants will receive a notice of acceptance or denial. 17 DE Reg. 503 (11/01/13) 14100.5 Determination of Eligibility A determination of eligibility includes: a) an approval or denial of eligibility for applicants; b) a renewal of eligibility for beneficiaries; c) a termination of eligibility for beneficiaries; and d) a redetermination of eligibility between a regularly scheduled renewal based on a change reported or identified.