Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 110 - ELIGIBILITY AND APPEALS › Part VIII - Applications for Medicaid › Section 12VAC30-110-1390 - Authorized representative for children under 18 years of age

Current through Register Vol. 40, No. 24, July 15, 2024
A. Patients under
				  18 years of age in facilities operated by the DMHMRSAS may have applications
				  submitted by employees of the DMHMRSAS.
B. A minor child under 18 years of age who is
				  a parent may apply for Medicaid for his own child.
C. An authorized employee of the public or
				  private child-placing agency that has custody of the child must sign the
				  Medicaid application for a child under 18 years of age that is in foster
				  care.
D. A child applicant who is
				  under 18 years of age is not legally able to sign a Medicaid application for
				  himself unless he is legally emancipated from his parents. If the child
				  applicant is not legally emancipated, his parents shall sign the application on
				  the child applicant's behalf. If the child applicant is married and the child
				  applicant's spouse is 18 years of age or older, the spouse may sign the
				  application on the child applicant's behalf. If the child applicant does not
				  live with a parent or spouse who is 18 years of age or older, the adult who has
				  legal custody or who is the legal guardian of the child applicant, or the
				  caretaker relative with whom the child applicant lives must sign the
				  application. A child applicant's parent, guardian, legal custodian or caretaker
				  relative may designate an authorized representative to complete a Medicaid
				  application on behalf of the child applicant. The authorization must be in
				  writing in accordance with
				  12VAC30-110-1380.
E. If the child applicant has no adult
				  guardian, adult caretaker relative, or legal custodian, then the caregiver for
				  the child applicant is responsible for seeking custody or guardianship of the
				  child applicant:
1. If a motion has been
				  filed in court to appoint a guardian or seek legal custody of the child, the
				  Medicaid application shall be held in a pending status. If verification is
				  received within 10 working days that court action has been initiated, the
				  application will be continued until the guardian is appointed or custody is
				  awarded. When the guardian has been appointed or custody awarded, the
				  eligibility worker must provide the Medicaid application to the guardian or
				  custodian. The guardian or custodian must return the signed application and
				  documentation of his appointment within 10 working days. If the application or
				  documentation is not returned by either 10-day deadline, Medicaid eligibility
				  shall be denied.
2. If guardianship
				  or custody procedures have not been filed with the court, the eligibility
				  worker must refer the child to the appropriate child welfare service worker.
				  The application for Medicaid shall be held in a pending status until the
				  service investigation is completed and any court proceedings are completed. If
				  the court emancipates the child, the child must sign the application and return
				  it to the eligibility worker within 10 working days. If a guardian is appointed
				  or custody awarded, the eligibility worker must provide the Medicaid
				  application to the guardian or custodian. The guardian or custodian must return
				  the signed application and documentation of his appointment within 10 working
				  days. If the application or documentation is not returned by the deadline,
				  Medicaid eligibility shall be denied.