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State of Maryland Medical Assistance Manual Revised April 2014

Assignment of Support Rights The purpose of the Assignment of Support Rights is to provide a means of determining eligibility for an applicant whose spouse will not cooperate with the application process. The conditions in COMAR 10.09.24.10-1D (3) must be met, including the willingness of the institutionalized person or their representative to cooperate with the State in bringing criminal action against the community spouse for non-support and assigning all support rights to the State. The CM should research the electronic systems that are available (e.g., CARES, MMIS, MABS, Department of Motor Vehicles, and Social Security Administration), to obtain information about the community spouse. The databases may provide an address for the community spouse or information regarding the community spouse’s eligibility for benefits. This information will assist the CM in determining if the Assignment of Support Rights and Notary Certification forms should be sent to the DHMH Office of Eligibility Services (OES). When the CM determines the applicant is eligible for long term care, information regarding the applicant and the non-cooperative community spouse is sent to OES. This information is to include: the Cover Letter for Assignment of Support Rights, the Assignment of Support Rights, the Notary Certificate and a copy of the Information obtained about the community spouse from the database verifications indicated above. When no data are found, please indicate in the NOTES section of these over letter which databases were reviewed. Information on the cover letter about the applicant is sufficient. Incomplete information will be returned to the CM with the cover document. The Assignment of Support Rights, Right of Elective Share (Returned Information). Following are the situations in which these forms should not be sent to Eligibility Services: 1. The community spouse receives SSI. 2. The community spouse’s address is unknown. 3. The community spouse receives Medical Assistance (without a spend-down). 4. The case is denied for any reason. The forms would be kept in the record and sent only when the applicant is determined eligible. 5. The community spouse is incarcerated. 6. The community spouse is deceased. (The Right of Elective Share should be pursued for the applicant). Right of Elective Share Assets transferred to a spouse must remain in that spouse’s name or be exchanged for fair market value to remain free of penalty. If the community spouse for whom an Assignment of Support Rights is in force or was completed dies, the LDSS should contact OES. Following are the procedures to follow when the community spouse is deceased: a) When the spouse dies, his assets that pass to his heirs as a result of a will are not subject to a penalty. However, Maryland law provides that a surviving spouse is entitled to a share of the decedent’s estate, regardless of the provisions of the will. To claim this share, the surviving spouse or his representative simply files a request for the share with the Probate Court. The request for this share must be made within nine months of the date of death of the late spouse.