Current through Register No. 40, October 3, 2024
(a) The child or
children shall be considered to be deprived of support or care due to the
parent's physical or mental incapacity when the incapacity is expected to last
for at least 30 days, and the individual:
(1)
Is eligible for or receiving supplemental security income (SSI) or social
security disability income (SSDI) disability benefits;
(2) Provides currently dated documentation
from a licensed physician, licensed physician assistant (PA), licensed advanced
practice registered nurse (APRN), board-certified psychologist, master licensed
alcohol and drug counselor (MLADC), licensed pastoral psychotherapist (LPP),
licensed independent clinical social worker (LICSW), licensed clinical mental
health counselor (LCMHC), or licensed marriage and family therapist (LMFT)
certifying an incapacity of at least 30 continuous days;
(3) Has been determined by the office of
medicaid and business policy (OMBP) as permanently disabled or blind;
(4) Reapplies for assistance within 90 days
of being terminated from a case in which incapacity had been established,
provided termination was not related to incapacity or earnings from
employment;
(5) Is convalescing
after being treated in an institution for the mentally ill, or was discharged
within 90 days prior to applying for assistance; or
(6) Is needy and intellectually disabled, has
resided in a state-operated intermediate care facility for individuals with
intellectual disabilities (ICF/IID), and was officially discharged within 90
days of applying for assistance.
(b) The individual shall verify physical or
mental incapacity:
(1) At the initial
eligibility determination;
(2) At
each subsequent redetermination; and
(3) Whenever a change in the incapacity
occurs.
(c) To verify
incapacity pursuant to (a) (2) above, the individual shall provide currently
dated documentation which includes all of the following:
(1) The individual's name; and
(2) A statement by a licensed physician,
licensed PA, licensed APRN, board-certified psychologist, MLADC, LPP, LICSW,
LCMHC, or LMFT which indicates:
a. That the
current incapacity has existed, or is expected to exist, for at least 30
days;
b. The date when the
incapacity began, ended, or is expected to end;
c. The diagnosis, examination date, and
current and recommended medical treatment; and
d. The name, address, phone number,
profession, and dated signature of the licensed physician, licensed PA,
licensed APRN, board-certified psychologist, MLADC, LPP, LICSW, LCMHC, or LMFT.
(d) When
incapacity no longer exists, FANF financial assistance shall be provided for
the month in which the incapacity ended and for the next full calendar month,
unless the individual requests an earlier termination of assistance.
(See Revision Note #1 at Chapter Heading He-W 600)
#5171, eff 6-26-91; EXPIRED 6-26-97
New. #7084, eff 8-26-99; ss by
#8970, eff 8-25-07; ss by #10318, eff
4-25-13
