C Customer who are Homeless, Incapacitated or have an Impairment
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C Customer Who Are Homeless, Incapacitated or Have an Impairment

 

 

Revised 08/31/2021

Policy

Customers identified in this section may not be able to gather proof needed for the eligibility process and may need extra help.

The state worker will make reasonable efforts to obtain proof on behalf of the customer when the customer is unable to cooperate with the application process because the customer:

 

When a customer is incapacitated, a Physician’s Statement of Incapacity (DE-217) may be needed to help get information to approve eligibility. For example, it may be needed to authorize release of financial or medical information to the Agency.

Customers may be referred to a Public Fiduciary when there is no one with the authority to manage the customer’s affairs or willing to help in the application process.

See Public Fiduciary Referral Examples

When an ALTCS customer is incapacitated see ALTCS Interview for an Incapacitated Customer.

 

Definitions

Term

Definition

Homeless

A person who does not have a fixed residence. For example:

  • A public or private place not meant for human habitation;

  • A supervised shelter designed to provide temporary shelter to homeless persons.

  • A half-way house or similar place that provides temporary residence.

  • A room provided rent free in another person’s home for 90 days or less.

  • A place not designed, or ordinarily used, for sleeping. This includes places like a car, bus station, hallway, park, or sidewalk.

Incapacitated

A person who is physically and/or mentally unable to apply for Medical Assistance for him or herself and is unable to authorize someone in writing to act as a representative.

  • Incapacity is not an issue if the person is represented by:

  • Court appointed legal guardian or conservator;

  • Someone previously appointed by customer as a durable general power of attorney (POA) and the POA is still valid;

  • Someone previously appointed by the person as an Authorized Representative and the Authorized Representative form is still valid;

  • For customer’s under age 18, a natural or adoptive parent;

  • Spouse, unless divorced or legally separated; or

  • An adult who is in the customer’s MAGI Budget Group (MA602D).

 

Legal Authority

Program

Legal Authorities

All programs except QMB and KidsCare

42 CFR 435.914

R9-22-1407

R9-22-1501(D)

R9-28-401.01