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2 TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE Exception: Incarcerated individuals are not considered parents/caretaker relatives for Medicaid purposes. However, an incarcerated individual can still file taxes and claim dependents which would be counted in the incarcerated individual's household size for Medicaid purposes. 60400 Application and Redetermination Regulations under DSSM Sections 14000 apply to incarcerated individuals applying for Medicaid. With the following exceptions: 1. Incarcerated Medicaid eligibility is effective the first day of the month if the individual was eligible at any time during that month provided the individual was an Incarcerated Delaware resident on the first of the month. If not a Delaware resident on the first of the month, Medicaid will be effective the date the individual became an Incarcerated Delaware resident. 2. An inmate may designate an individual as an authorized representative (see DSSM section 14100.1) to act on his or her behalf in matters related to eligibility and enrollment. An authorized representative may NOT enroll an inmate in Medicaid without his or her consent. An annual renewal of eligibility is required for incarcerated individuals, there are no special rules or exclusions. See DSSM Section 14100.6

26 DE Reg. 212 (09/01/22) 29 DE Reg. 612 (01/01/26)