Author: Keith Townsend

FROM:  KIM EVANS, DIRECTOR

SUBJECT:  ACCUITY AND THE FAIR CREDIT REPORTING ACT (FCRA) NOTIFICATION REQUIREMENTS

FORM REVISION #

IM-50AA

DISCUSSION:

This memo is to introduce staff to mandatory reporting requirements and notices that must be provided to participants/applicants when certain actions are taken and Accuity Asset Verification System was used in the eligibility determination.

Due to Fair Credit Reporting Act (FCRA) requirements, when information provided by the Accuity Asset Verification System causes an adverse action to an individual’s active or pending case, the agency must provide additional notification to the participant. Additional information is available in manual section 0110.060.05 Electronic Verification System Legal Basis.

The system generated adverse action and action notices inform the participant of an adverse action or negative action on their case. The applicant or participant must also receive material when information that was used in the eligibility determination was received from a consumer reporting agency as well as the contact information for the consumer reporting agency.

NOTE:  The sentence above only pertains to negative actions that are a result of information provided by Accuity.

FAMIS Notices affected are:

• FA-510 Adverse Action Notice
• FA-150 Claimant Action Notice
• FA-420 Adult MO HealthNet Adverse Action Notice
• FA-460 Adult MO HealthNet Adverse Action Notice

System work is currently being completed in FAMIS and will not be available on December 1, 2020 when staff begin to utilize Accuity.  In order to meet the FCRA requirements, FSD must send the FCRA notification manually until the system work is completed.

A temporary form, “Information Notice – Regarding an Action on Your Case” (IM-50AA) has been created.  This form will be available in the IM Forms Manual and must be mailed manually to participants any time an adverse action or action notice that negatively affects a participant’s case is the result of information provided by Accuity. 

NOTE: Staff must complete the Name, Address, date the letter was sent, and the date of the (FA-150) that was used in the eligibility determination.

This requirement affects only programs that are affected by information provided by Accuity:  MO HealthNet for the Aged, Blind, and Disabled (MHABD), Temporary Assistance (TA), and Supplemental Nutrition Assistance Program (SNAP).

EXAMPLE:  Accuity provides information indicating that an individual is over the resource limit for the TA and SNAP Programs.  The participant is under the resource limit for the MHABD program.  Staff calls the participant and confirms that the information provided by Accuity is accurate.  An adverse action to close the TA and SNAP cases is issued by FAMIS.  Staff manually send the Information Notice-Regarding an Action on Your Case form to the participant.   

Negative or adverse actions that require the supplemental notice include actions such as case closings and application rejections.  If this manual process is in effect at the time that COVID-19 public health emergency ends, this could include coverage changes from MHABD to QMB/SLMB due to resources that exceed the MHABD resource limit.

Please send any questions through proper supervisory channels to the policy unit at COLE.MHNPolicy@dss.mo.gov.

A new memo will notify you when this temporary process ends. 

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

KE/rr/am

FROM:  KIM EVANS, DIRECTOR

SUBJECT:  GUIDANCE ON SIGNING MO HEALTHNET (MHN) APPLICATIONS DURING THE COVID-19 PUBLIC HEALTH EMERGENCY (PHE)

DISCUSSION:

Regulations allow for the electronic signing of MHN applications. With the exception of web applications, Family Support Division (FSD) does not have policy in place regarding the acceptance of electronic signatures on MHN applications.

Current policy regarding signing MHN applications:

• 0105.010.00 Signing the Application
• 1802.020.00 Signing the Application

Providers have reported that they are experiencing challenges assisting individuals with the application process.  Many people do not have family members who can sign the application on their behalf when the participants are unable to sign the application themselves or due to social distancing guidelines.

Due to the COVID-19 PHE, the following considerations are being allowed by FSD regarding signatures on MHN applications:

 Option 1: To fill out the application, the applicant can type in their responses on a fillable PDF application using a laptop, smart phone, or answer questions over the phone. The signature field on the PDF application form is not fillable (note: a typed signature is not necessarily an electronic signature). To sign the application, the applicant can write or type a statement that they would like to apply for MO HealthNet then type or sign their name and date. This information is then sent by email or fax to either the provider or to FSD. The email or fax is accepted as authenticating the electronic signature during the COVID-19 state of emergency.

• This type of signature is acceptable on any IM-1MA application for MHABD, it is not strictly for MHABD coverage due to a COVID-19 diagnosis.
• This type of signature is allowable on any Family MHN application.
• This type of signature is allowable on PE applications.
• This type of signature is allowed due to social distancing, self-quarantine, medically recommended quarantine or isolated quarantine in a medical facility.
• There is not required wording of the statement from the applicant, so long as the intent to apply for MHN coverage is expressed.
• Include a comment in the electronic record regarding the reason that a pen and ink signature is not on the application.

Option 2: If a participant is medically isolated or quarantined due to a diagnosis of COVID-19, someone acting responsibly for the applicant may sign on the applicant’s behalf. Note, individuals who are in isolated quarantine in a medical facility are not allowed to have paperwork come into or out of the quarantined area. The participant should type their information onto the fillable PDF using a laptop, smart phone, or answers the eligibility questions over the phone.

• Sample format for facility: “Name of person signing on behalf of (o/b/o) facility name for patient/applicant’s name”
• Unless the participant is unable to communicate, the applicant should give their verbal or electronic consent to the provider to sign the application on their behalf.
• Documentation must be included on the application that the application is being signed by the provider due to quarantined in isolation due to COVID-19.
• This option is to be used as a last resort.

Authorized Representative Forms:

 Regulations and policies are already in place for an individual to electronically sign an IM-6AR form that allows another party to sign an application for them.

If the provider is unable to print and sign the IM-6AR to accept the designation, they can sign the form electronically or type/write a separate document that accepts the designation as long as it contains the same information as the designation portion of the IM-6AR form.

During the COVID-19 PHE, if additional support is needed regarding acceptable signatures on applications, please submit the case information through supervisory channels to Cole.MHNPolicy@dss.mo.gov.

• Reference COVID-19 and either MAGI or MHABD in the subject line of the email.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

KE/ams

FROM:  KIM EVANS, DIRECTOR

SUBJECT:  NEW FORM FOR MO HEALTHNET FOR FAMILIES (MAGI) ONGOING COVERAGE SIGNATURE REQUEST (IM-1SSL)

FORM REVISION #

IM-1SSL Ongoing Coverage Signature Request

DISCUSSION:

The purpose of this memorandum is to introduce a new form, the IM-1SSL Ongoing Coverage Signature Request. This form is to be used for completing an ex parte review for MAGI eligibility when a new case is established for the participant due to moving out of the existing MAGI household.

Example: Ms. A is receiving MO HealthNet for Pregnant Women (MPW) under her mother’s case and when the birth of the baby is reported it is learned that the birth mother is no longer living in the existing MAGI household.  A new case should be established and a signature should be obtained by sending the IM-1SSL Ongoing Coverage Signature Request with an IM-31A.

Note: In this example, Family Support Division (FSD) would observe the pending adverse action period on the case on which the participant is being removed.  Once the new case is established, after the observation of the adverse action period, FSD will not take a negative action if the IM-1SSL Ongoing Coverage Signature Request form is not returned, however, FSD will attempt another contact as well as send a new IM-31A with the form. 

When requesting a signature, the following statement should be used on the IM31A:

Please complete the enclosed IM-1SSL Ongoing Coverage Signature Request Form.  You either receive(d) coverage on someone else’s case or you don’t currently have your own case with FSD.  FSD has information that indicates you may be eligible to continue coverage on your own MO HealthNet case, but we’d like your permission to open a case for you.   Review your Rights and Responsibilities and complete section 1 with your additional household members. 

Please call 855-373-4636 with any questions.

Thank you for your cooperation!

NECESSARY ACTION:

• Review this memorandum with appropriate staff.
• Implement the manual follow up process for tracking the IM-31A and the signature request form.

KE/ams

FROM:  KIM EVANS, DIRECTOR

SUBJECT:  2021 INCREASE IN SUBSTANTIAL GAINFUL ACTIVITY (SGA)

MANUAL REVISION #

APPENDIX D

APPENDIX J

DISCUSSION:

The Social Security Administration announced an increase to the SGA amount. 

Effective January 1, 2021, the monthly SGA amount for:

• statutorily blind individuals is $2,190.00
• non-blind individuals is $1,310.00

The Income Maintenance (IM) policy manual section: Appendix D has been updated to reflect this change.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

KE/vb