37.82.201    APPLICATION

(1) Opportunity to apply:

(a) Any individual wishing to do so will be afforded the opportunity to apply for medicaid without delay.

(2) Written application and place of application:

(a) The application must be submitted in writing:

(i) on the form and in the manner prescribed by the department of public health and human services; and

(ii) at the office of public assistance in the county of their choice.

(3) Assistance with application:

(a) An application will be accepted from a person acting responsibly on the behalf of a client who is:

(i) incompetent;

(ii) incapacitated; or

(iii) otherwise incapable of submitting the application himself.

(b) An individual or individuals of the applicant's choice may accompany, assist and represent the applicant in the application process.

(4) Automatic entitlement to medicaid:

(a) Except as provided for below, a separate application for medicaid will not be required from an individual if the individual receives:

(i) supplemental security income (SSI) ;

(ii) mandatory state supplement; or

(iii) optional state supplement.

(b) Recipients of SSI, mandatory state supplement and optional state supplement must provide on the form and in the manner prescribed by the department, information on third party liability as a further condition of eligibility.

(5) Availability of program information:

(a) The following information will be made available in the form of brochures, pamphlets and other appropriate printed materials, to all applicants and all other individuals who request it:

(i) the eligibility requirements;

(ii) available medicaid services;

(iii) the rights and responsibilities of the applicant/ recipient; and

(iv) the rules governing appeals of department decisions.

(6) Use of social security number (SSN) :

(a) In the Montana medicaid program, disclosure of or application for a social security number is mandatory. Medicaid may be denied to an otherwise eligible applicant for failure or refusal to disclose or apply for a SSN.

(b) Notwithstanding the above, under P.L. 98-369, Sec. 2651(c) (3) and 53-2-201 , MCA, the department will request, on the application, the SSN of each individual (including children) for whom medicaid services are requested.

(c) In requiring a SSN, the department will inform the applicant that:

(i) disclosure of or application for a SSN is mandatory;

(ii) the mandate for a SSN is made under the authority of P.L. 98-369, Sec. 2651(c) (3) and 53-2-201 , MCA; and

(iii) the SSN will be used only in the administration of the medicaid program.

History: Sec. 53-6-113, MCA; IMP, Sec. 53-6-132 and 53-6-133, MCA; NEW, 1982 MAR p. 729, Eff. 4/16/82; AMD, 1985 MAR p. 1574, Eff. 10/18/85; AMD, 1998 MAR p. 3281, Eff. 12/18/98; TRANS, from SRS, 2000 MAR p. 476; AMD, 2003 MAR p. 15, Eff. 1/17/03.