Rule 23-101-4.1 - Right to ApplyA. Individuals inquiring about program eligibility requirements are informed of their opportunity to apply and informed about the various means of applying. 1. If a hardcopy application is requested, it will be provided or mailed, as applicable.2. If another person or agency refers the name of an individual in need of medical assistance to the regional office, the individual will be contacted, if possible, and the various means of applying will be explained. Otherwise, an application will be mailed if an address is available.B. Individuals wishing to file an application are afforded the opportunity to do so without delay. 1. When an individual inquires about making an application, an application form will be provided and the person offered the opportunity to file that day.2. The agency allows an individual or individuals of an applicant's or beneficiary's choice to accompany and assist them is the application or redetermination process; however, in order to officially represent the applicant or recipient, an individual must become an authorized, self-designated or legal representative.C. The application of a clearly ineligible person wishing to file will be accepted and then denied.D. An individual seeking assistance from other social service agencies may be required to obtain a statement from the Division of Medicaid that he is not eligible for Medicaid in order to obtain that agency's services. 1. If the individual indicates through questioning that none of the categorical requirements would be met including, but not limited to, the individual is not aged, blind, disabled, pregnant, under age nineteen (19) or part of a family with dependent children, the regional office may provide the individual with a form developed by the Division of Medicaid for this purpose advising that he or she is not eligible based on the self-declared information.2. This form is not an official denial and cannot be appealed.3. If an official denial notice is required, an application must be filed and a decision rendered after all eligibility factors have been examined according to rule. 4. If the individual appears categorically eligible, an application must be filed to obtain an eligibility decision.23 Miss. Code. R. 101-4.1
42 C.F.R. § 435.906 and 42 C.F.R. § 435.907.