Digital assets are electronic records in which an individual has a right or interest. Typically, digital assets are associated with online accounts in which a person has a user name, password, and must abide by a terms-of-service agreement. RSMo Sections 472.400 to 472.490, known as the Missouri Fiduciary Access to Digital Assets Act (2018), allow for authorized individuals to access a participant’s online account information under certain circumstances after the participant’s death.
A participant may grant access to the information in their online FSD account by using the IM-6 or the IM-6AR. For MO HealthNet, if an IM-6AR is not used, the other designation form must include the information specified under 0803.020.00 Appointment of an Authorized Representative.
If a participant designates an authorized representative to access his or her online FSD account only after the participant is deceased, or if a representative of the participant’s estate requests access to the information in the participant’s online FSD account, the representative will need to provide the following to receive the information:
- A written request for disclosure in physical or electronic form;
- A certified copy of the death certificate of the participant;
- A certified copy of the letters testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small estate affidavit or court order; or
- If the participant did not provide direction using an authorized representative form, a copy of the participant’s will, trust, power of attorney, or other record evidencing the participant’s consent to disclosure of the content of the participant’s online accounts.
For procedures regarding online FSD account information when there is a spouse or second parent in the MO HealthNet eligibility unit, refer to manual section 0803.020.10.10 Appointment of an Authorized Representative when there is a Spouse or Second Parent in the Eligibility Unit.