Federal law at 42 U.S.C. § 1396w requires all states to implement a program for electronically verifying assets for the purposes of determining and re-determining Medicaid eligibility.
Missouri Statutes, Section 208.065 RSMo, require Family Support Division (FSD) to review Electronic Verification System (EVS) sources on a monthly basis for verification of persons who have died, moved out of state, or who have been incarcerated for more than ninety days. In addition, FSD must review EVS sources regarding income and assets on a quarterly basis. Individuals who receive coverage under the Vender or Home and Community Based Services programs are required to have their EVS data reviewed at the time of application and annual renewal only.
Section 660.355 RSMo states that persons who apply for and/or receive public assistance benefits consent to allow FSD to request information regarding the applicant or participant from any entity.
Information received from a consumer reporting agency is affected by the Fair Credit Reporting Act (FCRA) 15 U.S.C. § 1681. The FCRA requires that FSD only access data from a consumer reporting agency for certain permissible reasons, and provides penalties if information is accessed without the correct permissible reason. FSD is allowed to access data from a consumer reporting agency only to determine eligibility for public assistance programs.
The FCRA requires that any adverse action notices or action notices that result in a negative action must notify the applicant or participant that information that was used in the eligibility determination was received from a consumer reporting agency and provide contact information for the consumer reporting agency. Sources included in FSD’s EVS that must meet the additional FCRA requirements are Accuity and Benefit Assessment/Accurint for Government Eligibility.