Effective: December 1, 2006 |
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07.15.10ar1 - Authorized Representatives (Archive) |
Archived: October 1, 2008 |
Clients may choose to designate an authorized representative. This section provides information on who can be an authorized representative, what their role is and other requirements.
What Is an Authorized Representative?
What Does an Authorized Representative Do?
Who Can Be an Authorized Representative?
Who Cannot Be an Authorized Representative?
Designating an Authorized Representative.
How Long Does the Designation Last?
Disqualification of an Authorized Representative.
Authorized Representative Receipt of Forms and Notices.
What Is an Authorized Representative?
An authorized representative is a person authorized by the client to act on his or her behalf as an applicant or enrollee in any of the health care programs.
What Does an Authorized Representative Do?
People may authorize a representative to help with contacts with the county agency or MinnesotaCare (MCRE) Operations.
l In most cases, authorized representatives have the same responsibilities and rights as applicants or enrollees.
l Authorized representatives may:
n Contact the agency, including talking with the worker without additional consent.
n Attend interviews.
n Complete forms.
n Sign forms, such as renewals, for the client.
n Provide documentation.
n Appeal agency decisions.
n Receive forms, notices.
n Pay premiums if the client wishes them to do so.
Who Can Be an Authorized Representative?
Authorized representatives must:
l Be at least 18 years old.
l Have sufficient knowledge of the client’s circumstances to provide necessary information.
Who Cannot Be an Authorized Representative?
The following people cannot be an authorized representative:
l County and MCRE employees who determine eligibility.
l Regional Treatment Center (RTC) reimbursement officers for MA/GAMC clients.
Designating an Authorized Representative
Clients must designate their authorized representatives.
Note: If the client is unable to designate an authorized representative, the agency may allow a person who can act responsibly for the client to act as an authorized representative.
This applies to people who are incapacitated or incompetent, including children who are unable to act on their own behalf.
Clients designate authorized representatives by:
l Filling in the authorized representative’s name, address, phone number, and relationship in the appropriate place on the application.
n The authorized representative and the applicant must both sign the application unless the applicant is unable to sign. In that case an explanation as to why the client is unable to sign should be included.
n The designation on the application authorizes the exchange of information. An additional consent is not required.
l Providing a written request.
n The written request might only be signed by the authorized representative but should have an explanation as to why this is so.
n The designation on the application authorizes the exchange of information. An additional consent is not required.
The written request may include but is not limited to:
n Providing the form Giving Permission for Someone to Act on My Behalf (DHS-3437).
n Signing the pages of the application at a time other than application.
n Signing externally created statements that designate an authorized representative.
External statements must be in plain language and include all of the following:
m The name of the authorized representative.
m The agencies information may be shared with.
m Who the authorized representative will work with to provide information.
m The purpose of the information provided by the authorized representative.
l Accept a designation of Power of Attorney in place of another authorized representative designation if the person holding the Power of Attorney will serve as the authorized representative.
n A Power of Attorney is a legal document granting specified authorities to a person.
n If the client wishes to designate someone other than the person holding the Power of Attorney as their authorized representative for the health care programs, require a designation on the application or another written statement meeting the requirements of this section.
l Potential authorized representatives for children in foster care or pre-adoptive placements include, but are not limited to, social workers or other representatives of the agency that has legal custody and control of the child.
How Long Does the Designation Last?
The authorized representative designation remains in place until revoked by the household or the authorized representative.
Disqualification of an Authorized Representative
County agencies or MCRE Operations may disqualify authorized representatives who do any of the following:
l Knowingly provide false information.
l Are unable to provide required information.
l Refuse to provide required information.
If you disqualify an authorized representative:
l Allow the applicant or enrollee to designate a new one.
l Determine whether or not a vulnerable adult referral to social services is needed.
Authorized Representative Receipt of Forms and Notices
If the MCRE applicant wants the authorized representative to receive forms, notices, and premium notices, enter the authorized representative’s name, address and indicators on the AREP screen on MMIS.
MAXIS automatically sends all notices of action to the authorized representative. If clients indicate that they want the authorized representative to receive other forms such as report forms and explanations of medical benefits, enter a "Y" on STAT/AREP in the "Forms to AREP?" field.