Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 101 - Coverage Groups and Processing Applications and Reviews Redetermination Processes
Chapter 14 - Reinstatements and Corrective Action
Rule 23-101-14.1 - Situations Requiring a Reinstatement
Universal Citation: MS Code of Rules 23-101-14.1
Current through September 24, 2024
A. Certain situations require a reinstatement of services which means eligibility is restored or Medicaid income is corrected for a prior period. Both types of reinstatements are completed without requiring that a new application be filed on behalf of the recipient.
B. A reinstatement is issued r in the following situations, as applicable:
1. Hearing Decision
a) When a decision granting eligibility or
increased benefits is rendered as part of a state or local hearing, the
regional office may be required to reinstate and/ or correct Medicaid income.
b) The effective date of the
reinstatement is retroactive to the date decided by the hearing official.
2. Action Taken During
Advance Notice Period
a) When the individual
or beneficiary makes a timely hearing request during the advance notice period,
benefits will be continued at the same level through the reinstatement process
until a hearing decision is reached.
b) If advance notice of benefit reduction or
termination is not issued as required, benefits must be reinstated at the time
the error is discovered, regardless of whether the individual or beneficiary is
currently eligible.
c) After
benefits are reinstated, advance notice is issued.
3. Information Provided Prior to Effective
Date of Closure
a) If the individual or
beneficiary provides information that changes the adverse action decision or
fully complies with unmet requirements prior to the effective date of the
closure, benefits are reinstated to ensure no loss of benefits if the
individual or beneficiary remains eligible.
b) If the information provided does not
change the adverse action no further action is required.
4. Ninety (90) Day Reinstatement Period for
Modified Adjusted Gross Income (MAGI) and Aged, Blind and Disabled (ABD)
Renewals
a) A ninety (90) day reinstatement
period applies to closures at the time of a case review if a case closes due to
the failure to return the renewal form and a signed renewal form is returned
within the ninety (90) day period following the effective date of the closure.
1) If the returned form is incomplete, action
is taken to obtain complete information.
2) If requested information is not provided
within the time period allowed for requesting information the case will not be
reinstated.
b) If the
case closed due to failure to provide needed information and the requested
information is provided, in full or in part, within the ninety (90) day period
following the effective date of the closure, the case will be reinstated
provided all information is provided within the time period allowed for
requesting the remainder of the needed information.
c) The effective month of a reinstatement is
the month following the month of closure.
d) If a returned renewal form is not signed
the ninety (90) day reinstatement provision is not applicable.
5. Whereabouts Become Known
a) Eligibility must be terminated if a
beneficiary's whereabouts remain unknown after the Division of Medicaid has
made reasonable efforts to locate the beneficiary.
b) If the beneficiary's location subsequently
becomes known during the time he or she is eligible benefits will be
reinstated.
c) For a child who has
continuous eligibility, Medicaid benefits are reinstated with no break in
coverage.
d) For an adult, the
Division of Medicaid determines eligibility for each month that the adult
beneficiary's whereabouts were unknown and reinstate for any period he or she
would have been eligible.
6. Temporary Case Closure
a) When it is known that a beneficiary will
be ineligible for three (3) months or less, the closure is processed in the
usual manner but at the end of the temporary period the case may be reinstated
without completing new eligibility forms necessary for reapplication.
b) In this situation a break in
eligibility correctly exists with the eligibility begin date adjusted to
reflect the most recent eligibility begin date.
7. Reapplication
a) When an applicant has a prior application
which has been in rejected status for three (3) months or less, the rejected
application form can be reinstated.
b) A new application is not required provided
all information is provided to determine eligibility.
8. Agency Error
a) When the Division of Medicaid has denied
or terminated eligibility in error or reduced benefits in error, benefits are
reinstated retroactively.
b) The
date of reinstatement is the month the error occurred.
42 C.F.R. § 431.246.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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