5101:6-2-50 State hearings: notice of determinations concerning spouses separated by institutionalization.

(A) At the time of the determination of eligibility of the institutionalized spouse for medicaid, both the institutionalized spouse, the community spouse, and authorized representative shall be provided with the following written notices, or their eligibility system equivalents, along with the notice of approval or denial. Notwithstanding rule 5101:6-2-03 of the Administrative Code, an JFS 07332, "Notice of Denial of Your Application for Medicaid: In Cases Involving Community Spouses" (rev. 10/2006) must be used in lieu of an JFS 07334, "Notice of Denial of Your Application for Assistance," (rev. 9/2011) to deny applications involving an institutionalized spouse with a community spouse.

(1) JFS 04076 "Resource Assessment Worksheet," (rev. 4/2012).

(2) JFS 04077 "Resource Transfer Worksheet," (rev. 10/2006).

(3) JFS 04078 "Monthly Income Allowance (MIA) Computation Worksheet," (rev. 10/2006).

(B) The notices shall demonstrate the method by which the respective determinations were made, inform the individual of the right to and the method of obtaining a county conference and a state hearing, and contain a telephone number to call about free legal services.

Cite as Ohio Admin. Code 5101:6-2-50

Effective: 02/28/2014
R.C. 119.032 review dates: 11/18/2013 and 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 5101.35 , 5160.011
Prior Effective Dates: 12/29/92 (Emer), 3/22/90, 6/1/93, 1/1/96, 6/1/03, 9/1/08