DATE: AUGUST 31, 2005
Manual: Family and Children’s Medicaid
Change No: 22-05
To: County Directors of Social Services
Effective: October 1, 2005
The Office for Civil Rights of the United States Department of Health and Human Services (OCR/HHS) recently reviewed the North Carolina application and recertification procedures for compliance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 20-d, et se., 45 C.F.R. Part 80, (Title VI). Title VI of the Civil Rights Act of 1964 (Title VI) prohibits discrimination on the basis of race, color and national origin in programs funded by the Federal government.
In order to avoid potential violations of the Civil Rights Act, OCR/HHS has provided technical assistance clarifying that non-applicants, including financially responsible person(s), cannot be required to disclose their Social Security numbers as a condition of an applicant’s eligibility for benefits. Requiring Social Security numbers of budget unit members could discourage eligible individuals in an immigrant family from seeking needed assistance.
In an effort to prevent discouragement and removing barriers that immigrant families face when applying for federally funded programs, OCR/HHS has recommended the modification of language for requirements for the use of Social Security numbers.
To ensure compliance with federal policy, DMA has reviewed application policies and forms that specify Social Security numbers are required from all household members. The DMA-5001, Notice on the Use of Social Security Numbers, has been revised. The reference to Food Assistance and Work First Family Assistance requiring financially responsible persons to provide Social Security numbers for the family to receive has been deleted. DMA Administrative Letter 04-05, Use of Social Security Numbers, is now obsolete.
The list for Disproportionate Share Hospital (DSH) and Federally Qualified Health Centers (FQHC) has been updated.
This change also mandates that it is the responsibility of the counties to have a written and signed agreement by the director of each involved agency on the requirement of staffing an Income Maintenance Caseworker (IMC) at each DSH and FQHC outstation location to take MPW and MIC applications. The agreement must be updated yearly. If you have a written agreement now, please pull to determine date it was signed. If more than 12 months have lapsed, get a new signed agreement. If the written agreement was signed within 12 months of October 1, 2005, then flag and update when the year is up. For those who have no written agreement, proceed to get a signed agreement.
MA-3207, Receiving the Mail-In Application, has been revised to include procedures for receiving a Family and Children’s Medicaid application when the individual should apply for Medicaid under the Aged, Blind, or Disabled program. Even though the DMA-5000 was developed for the adult population, it must be considered as an application for all categories for which the applicant may be eligible.
The procedure for incomplete applications has also been revised. Applications that are incomplete for any reason are treated as an inquiry.
MA-3205, Conducting a Face-to-Face Interview, has been revised to include a requirement for providing EPSDT information (MA-3205 Figure 1) to each applicant when explaining available services and giving a copy of the handbook.
Apply this change in policy to Medicaid applications pending or taken as of October 1, 2005. Apply this change in policy to Medicaid reviews pending or started on or after October 1, 2005.
If you have any questions, please contact your Medicaid Program Representative.
L. Allen Dobson, Jr., M.D., Assistant Secretary
for Health Policy and Medical Assistance
(This material was researched and written by Susan Ryan, Sandi Morrow and Charlotte Gibbons, Medicaid Policy Consultants, Medicaid Eligibility Unit).
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.