Family MO HealthNet (MAGI)

1802.020.00 SIGNING THE APPLICATION

IM-#44, May 18, 2018

The following individuals may apply for all Family MO HealthNet Programs (as shown in section 1802.000.00 APPLICATIONS) on behalf of a participant:

  • The participant;
  • An adult who is in the participant’s household, as defined in 42 CFR section 435.603(f)(1);
    • Someone age 18 or older who is not claiming the participant as a dependent but is part of the participant’s tax-filing or non-filing household.
  • A member of the participant’s family, as defined in 26 U.S.C. section 36B(d)(1);
    • Someone age 18 or older who is claiming the participant as a dependent and is part of the participant’s tax-filing or non-filing household.
  • An individual with a valid power of attorney to act on behalf of the participant;
  • An authorized representative of the participant (FSD must have a signed IM-6AR Appointment of Authorized Representative on file);
    • Authorized Representative forms (non-FSD forms) used by a facility, attorney, or advocate must be sent to Cole.MHNPolicy@dss.mo.gov for approval of the form.
  • If the participant is a minor or incapacitated person only the following people may apply on their behalf:
    • A parent, including minor parents on behalf of their minor children or any child in his or her legal custody;
    • An authorized representative;
    • A guardian or conservator;
    • Someone acting responsibly for the applicant.  This person must be age 18 or older and have the capacity to enter into a contract and who:
      • Is related to the applicant by blood, marriage, or adoption; OR
      • Is a person who the division reasonably determines has sufficient knowledge of the applicant’s circumstances to accurately complete the application, and has an obligation to act in the best interests of the applicant.

      NOTE: Acting responsibly and signing an application does not qualify the person as an authorized representative.  Their authority is limited to making the application valid.

    • The minor on behalf of him/herself, if any of the following conditions apply:
      • The minor is pregnant;
      • The minor has been lawfully married;
      • The minor is a parent;
      • The minor is homeless, as defined by section 167.020.1, RSMo 2015, or a victim of domestic violence, as defined by section 455.010.5, RSMo 2015, and meets all the criteria in section 431.056.1, RSMo 2014; or
      • The minor is legally emancipated.

      NOTE: Although minors may apply on their own behalf in certain circumstances, their household composition must still follow the household composition rules in MAGI manual sections 1805.030.10 MAGI Household Composition through 1805.030.10.25 Caretakers Relatives,

If the participant is an unaccompanied minor age fifteen (15) or under and applying without a responsible adult, explore the following:

  • Where is the child living?
  • Who does the child live with?
  • Is there a responsible adult living in the child’s household?

If the child is not living with a responsible adult, report this to Children’s Division through the Mandated Online Reporting site found at https://dss.mo.gov/cd/can.htm. FSD staff must complete the online referral with all known information.