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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 5 14100.8.3 Individuals Undergoing a Medicaid Eligibility Determination on a Basis other than MAGI For individuals with household income greater than the applicable MAGI standard and for whom the agency is determining eligibility on another basis, the agency must promptly and without undue delay: • determine potential eligibility for, and as appropriate, transfer via secure electronic interface the individual’s electronic account to the FFM; • notify the FFM that the individual is not eligible based on MAGI, but a final determination on a non-MAGI basis is still pending; and • notify the FFM of the agency’s final determination of eligibility or ineligibility. 17 DE Reg. 503 (11/01/13) 14105 Social Security Number Each individual applying for Medicaid, except as provided in this section, must furnish his or her Social Security number (SSN) as a condition of eligibility. If the individual cannot furnish a SSN, he or she must provide proof of an application for a SSN with the Social Security Administration (SSA). The agency will assist the applicant with the completion of an application for a SSN. The SSN furnished will be verified with the Social Security Administration (SSA) via Federal Data Services Hub (FDSH) in accordance with Section 14800 Verifications of Factors of Eligibility. Eligibility will not be denied or delayed pending the issuance or verification of the SSN. An individual whose income will be considered when determining eligibility for an applicant will be asked to furnish his or her SSN on the application. When the SSN of a financially responsible individual is voluntarily furnished, the SSN will be verified with SSA via the FDSH. 17 DE Reg. 503 (11/01/13) 14105.1 Exception to Furnish a Social Security Number (SSN) The requirement to furnish a SSN does not apply to an individual who: • is not eligible to receive a SSN; • does not have a SSN and may only be issued a SSN for a valid non-work reason; • refuses to obtain a SSN because of well-established religious objections; or • is an infant under age one. 17 DE Reg. 503 (11/01/13) 14110 State Residency An applicant or beneficiary must be a Delaware resident. 17 DE Reg. 503 (11/01/13) 14110.1 Definitions The following words and terms, when used in the context of these policies, will have the following meaning unless the context clearly indicates otherwise: Per 42 CFR 435.403(b), “Institution” has the same meaning as Institution and Medical Institution as defined in 42 CFR 435.1010. For purposes of state placement, the term also includes foster care homes, licensed as set forth in 45 CFR 1355.20, and providing food, shelter, and services to one or more persons unrelated to the proprietor. Per 42 CFR 435.403(c), an individual is “Incapable of indicating intent” if the individual – a) Has an I.Q. of 49 or less or has a mental age of 7 or less, based on tests acceptable to the Delaware Division of Developmental Disabilities; b) Is judged legally incompetent; or c) Is found incapable of indicating intent based on medical documentation obtained from a physician, psychologist, or other person licensed by the State in the field of intellectual disability. 17 DE Reg. 503 (11/01/13) 23 DE Reg. 303 (10/01/19) 14110.2 Placement by State in an Out-Of-State Institution (42 CFR 435.403 (e))