IM-42 April 28, 2023; IM-165 December 9, 2020
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 Statute, Section 208.065 RSMo, requires Family Support Division (FSD) to review Electronic Verification System (EVS) sources on a monthly basis to look for evidence of persons who have:
- moved out of state, or
- who are incarcerated for more than ninety days.
FSD must also review EVS sources regarding income and assets on a quarterly basis. Participants who receive coverage under the Vendor or Home and Community Based Services programs are required to have their EVS data reviewed at the time of application and annual renewal only.
Missouri Statute Section 660.355 RSMo states that persons who apply for 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 regulated by the Fair Credit Reporting Act (FCRA) 15 U.S.C. § 1681. Per FCRA, FSD is only allowed to access data from a consumer reporting agency to determine eligibility for public assistance programs, and can be penalized if information is accessed for other reasons.
The FCRA requires that any notices that result from a negative action must inform the applicant or participant that information used in the eligibility determination was received from a consumer reporting agency and provide contact information for the consumer reporting agency.
EVS sources that must meet the additional FCRA requirements are:
- Accurint for Government Eligibility, and
- The Work Number
- The other information provided by Equifax does not have FCRA requirements.