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State of Maryland Medical Assistance Manual Revised April 2014

Require verification that a claim has been filed with Probate Court by the applicant, requesting the share to the estate to which he is entitled. Advise the representative of the timely reporting obligation. b) Create a CARES Alert to review the case 60 days from the date that you receive the Probate Court documentation. If the document has not been received contact the authorized representative by mail requesting the information. If there has not been a disposition by the Probate Court, create an Alert for another 60 days and follow standard procedures. When received, the inheritance is considered lump sum income. If the lump sum causes ineligibility, any amount remaining at the time a subsequent application is filed is considered a resource. At the re-application, the applicant/representative will need to document the use of the inheritance and regular income during the period of ineligibility, since penalties for disposal are applicable to income, as well as resources. c) If an applicant or recipient fails to exercise the Right of Elective Share, this is considered a disposal of assets subject to penalty. COMAR 10.09.24.08-1 defines “assets” as including resources or income to which a person is entitled but which the person does not receive due to the action of the person, his or her spouse, or representative. The Medical Assistance Manual, Disposals Made After August 10, 1993, (located in Section 800) clarifies that a failure to act may be considered an action which would result in a penalty.

Forms and Mailing Address Attached is the form used for the Assignment of Support Rights, and a Notary Certification form to be completed by the Notary Public and imprinted with the Notary’s seal. There is also a cover letter to use when submitting these forms to OES, and a form that is used by OES to specify the reason the request is being returned to the CM. Mail the forms when the applicant is determined eligible. If the forms do not need to be sent to Eligibility Services, retain them in your record. Mail the forms and the printouts to: Department of Health and Mental Hygiene Office of Eligibility Services 201 W. Preston Street Room SS10 Baltimore, MD 21201