Current through Register Vol. 49, No. 9, September, 2024
C-112 Authorized Representatives
MS Manual 01/01/14
An authorized representative is:
1. An individual or facility designated by
the client, in writing, as authorized to request and receive confidential
information that would otherwise be disclosed only to that client; or
2. An individual or facility identified by
the court when the client is mentally, physically or legally unable to
designate a representative; or
3.
An individual designated by an inmate of the Department of Corrections,
Community Corrections or a local correctional facility for purposes of filing a
Medicaid application and complying with Medicaid requirements for determining
eligibility; or
4. The Department
of Corrections, Community Corrections or a local correctional facility when an
inmate who has received medical services that meet the criteria for Medicaid
coverage does not designate a representative within three business days
following a request to designate a representative or the inmate's assigned
representative does not file a Medicaid application within three business days
after appointment as that inmate's representative.
See MS A-131for more information
regarding when information can be released to an Authorized
Representative.
D-370 Inmates of Public Institutions
MS Manual 01/04/14
An inmate of a public institution is not eligible for Medicaid
payment.
Exception:
An inmate in
the custody of the Arkansas Department of Corrections, the Department of
Community Corrections or a local correctional facility who has been admitted
and received treatment at an inpatient facility may be eligible for Medicaid
payment provided all eligibility requirements are met. Eligibility will be
determined in accordance with MS Sections D, E and F. Only the inmate will be
included in the Medicaid household.
Public institution means an institution that is the
responsibility of a government unit or over which a governmental unit exercises
administrative control.
"Public Institutions" include:
1. Institutions for the mental diseases which
are hospitals, nursing facilities, or other institutions of more than 16 beds
that are primarily engaged in providing diagnosis, treatment or care of persons
with mental diseases.
2.
Institutions for tuberculosis, which are primarily engaged in providing
diagnosis, treatment, or care of persons with tuberculosis.
3. Correctional or holding facilities for
individuals, who are prisoners, arrested, or detained pending dispositions of
charges, or are being held under court order as material witness or juveniles.
Correctional facilities include prisons, jails, juvenile detention centers and
other facilities operated primarily for the detention of children who are
determined to be delinquent. Wilderness camps and boot camps are considered
public institutions if a government unit has any degree of administration
control.
If an individual in a public institution must be temporarily
transferred to a medical treatment or evaluation facility, or if he/she is
given temporary furlough, the individual is still considered to be under
custody of the penal system and is not eligible for a Medicaid payment
(See above exception).
An individual will be considered in a public institution until
the indictment against the individual is dismissed, or until he/she is released
from custody either as "not guilty" or for some other reason (bail, parole,
pardon, suspended sentence, home release program, probation, etc.).
"Public institutions" do not
include:
1. Inpatient psychiatric
facilities for individuals under age 21 (22, if an inpatient on the
21st birthday) and over age 65.
2. Medical institutions which are organized
to provide medical, nursing, and convalescent care, which have the professional
staff, equipment and facilities to manage the medical, nursing and other health
needs of patients in accordance with accepted standards, and which are
authorized under State law to provide medical care. Medical institutions
include hospitals and nursing facilities.
3. Intermediate care facilities for those
individuals with intellectual disabilities which meet the standards under
42 CFR
483.440(a) for providing
active treatment for such individuals or individuals with related
conditions.
4. Child-care
institutions which are private, non-private, or public that accommodate no more
than twenty five (25) children and are licensed by the State or approved by the
State agency responsible for licensing or approval of such
institutions.
5. Therapeutic Group
Homes, Residential Treatment facilities, Emergency Shelters and Therapeutic
Foster Homes which meet facility and staffing requirements of the Minimum
Licensing Standards for Child Welfare Agencies published by the Child Welfare
Agency Review Board.
6. Publically
operated community residences that serve no more than 16 residents are
facilities that provide some services beyond food and shelter such as social
services, help with personal living activities, or training in socialization
and life skills. They cannot be on the grounds of or immediately adjacent to
any large institution or multiple purpose complexes such as educational or
vocational training institutions, correctional or holding facilities, or
hospitals, nursing facilities or intermediate care facilities for individuals
with intellectual disabilities.
