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COMAR 10.09.24.04

333 State of Maryland Medical Assistance Manual Revised July 2012

obtain required facts. “Unknown” as an answer to specific questions relating to income and resources is not acceptable.

A representative is also responsible for the accuracy and completeness of the application, for reporting changes to the LDSS/LHD and for establishing continuing eligibility. This responsibility continues until such time as a new representative is designated and the LDSS/LHD receives written notification of the change. The CM advises the representative of these responsibilities during the interview. An employee of an LTC facility, hospital or other agency or organization may not routinely assume the role of a representative by merely filling out the application and mailing it to the LDSS/LHD.

While the representatives are the primary source of information about the person, the LDSS/LHD must not routinely accept information presented by representatives whose source of information is at best questionable. The CM need to check out other possible sources of information and give guidance to the representative as to methods and sources that may be used to collect the required information. While it may be presumed that the institutionalized person cannot meet the face-to-face interview requirement, no such presumption should be made about the person’s ability to participate in other aspects of the application process.

( c) Face to Face Interview

Effective 12/1/2008, LTC CM should no longer require LTC applicant recipient, or their representative to participate in a face to face interview. Face to face interview should only take place by the case manager on a case by case basis or requested by an applicant recipient. If after review of the application, the case manager is unclear about an issue or need additional information, case manager are encouraged to conduct a telephone interview before requiring a face to face interview. Only if this is not possible, should a CM require a face to face interview.

(d) Application Signature Requirements

For the purpose of completing the application form and filing it for registration of the application date, the representative may sign and date it. However, since institutionalized persons are generally not seen by the CM, the institutionalized person, if competent, must sign the application before the LDSS determines eligibility. If the applicant did not sign the application before it is submitted to the LDSS, and the applicant is competent to sign, the LDSS/LHD must return the application to the institutionalized person for signature.

If the institutionalized person is incapable of singing the application but has a competent spouse with whom the person lived prior to institutionalization, the spouse must sign the application.