Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
county department of social services shall comply with the following standards
in processing applications:
(1) A decision
shall be made within the timeframes set out in
G.S.
108A-70.37;
(2) Only require information or verification
to establish eligibility for assistance;
(3) Make a minimum of two requests for all
information from the applicant or third party;
(4) Allow a minimum of 12 calendar days
between the initial request and a follow-up request and at least 12 calendar
days between the follow-up request and denial of the application;
(5) Inform the client in writing of the right
to request help in obtaining information requested from the client. The county
department of social services shall not discourage any client from requesting
such help;
(6) An application may
pend up to six months for verification that the deductible, as defined in
10A NCAC
23A .0102 has been met or disability
established; and
(7) When a hearing
decision reverses the decision of the county department of social services on
an application, pursuant to
10A NCAC
21A .0303, the application shall be reopened
within five business days from the date the final appeal decision is received
by the county department of social services. If the county department of social
services has all of the information needed to process the application, the
application shall be processed within five additional business days. If
additional information is needed pursuant to the final decision, the county
shall make such requests in accordance with this Rule. The first request for
the additional information shall be made within five business days of receipt
of the final appeal decision. The application shall be processed within five
business of receipt of the last piece of required information.
(b) The county department of
social services shall obtain verification, as defined by
10A NCAC
23A .0102, other than the applicant's
statement for the following:
(1) Any element
requiring medical verification. This includes verification of disability,
incapacity, emergency dates for aliens referenced in the Medicaid State Plan,
incompetence, and approval of institutional care;
(2) Proof a deductible has been
met;
(3) Legal alien
status;
(4) Proof of the rebuttal
value for resources and of the rebuttal of intent to transfer resources to
become eligible for Medicaid. When a client disagrees with the determination of
the county department of social services on the value of an asset, then the
client must provide proof of what the value of the asset is;
(5) Proof of designation of liquid assets for
burial;
(6) Proof of legally
binding agreement limiting resource availability;
(7) Proof of valid social security number or
application for a social security number;
(8) Proof of reserve reduction when resources
exceed the allowable reserve limit for Medicaid;
(9) Proof of earned and unearned income,
including deductions, exclusions, and operational expenses when the applicant
or caseworker has or can obtain the verification; and
(10) Any other information for which the
applicant does not know or cannot give an estimate.
(c) The county department of social services
shall be responsible for verifying or obtaining an item of information when:
(1) A fee must be paid to obtain the
verification;
(2) It is available
within the agency;
(3) The county
department of social services is required by federal law to assist or to use
interagency or intra-agency verification aids;
(4) The applicant requests assistance;
or
(5) A representative has not
agreed to obtain the information and the applicant is:
(A) physically or mentally incapable of
obtaining the information;
(B)
unable to speak English or read and write in English; or
(C) housebound, hospitalized, or
institutionalized.
Authority
G.S.
108A-54;
108A-54.1B;
42 C.F.R.
435.911;
42 C.F.R 435.912;
42 C.F.R
435.952; Alexander v. Flaherty, V.S.D.C.,
W.D.N.C., File No. C-C-74-183, Consent Order Filed 15 December 1989; Alexander
v. Flaherty Consent Order filed February 14, 1992; Alexander v. Bruton Consent
Order dismissed Effective February 1, 2002;
Eff. September 1,
1984;
Amended Eff. April 1, 1993; August 1, 1990;
Temporary Amendment Eff. March 1, 2003;
Amended Eff. August 1,
2004;
Transferred from
10A NCAC
21B .0203 Eff. May 1, 2012;
Readopted Eff. June 1, 2019.