A. The Department or its designee shall determine eligibility for children.
B. The Department or its designee shall give oral, written, or electronic information about the Maryland Children’s Health Program such as:
(1) Requirements for eligibility;
(2) Available services;
(3) An individual's rights and responsibilities;
(4) Information in plain English, supported by translation services; and
(5) Information accessible to disabled individuals requesting an application.
C. An individual requesting health coverage from an Insurance Affordability Program shall be given an opportunity to apply.
D. The Department or its designee shall make the application available to the individual without delay, by telephone, mail, in-person, internet, other available electronic means, and in a manner accessible to disabled individuals requesting an application.
E. A resident temporarily absent from the State but intending to return may apply for health coverage from an Insurance Affordability Program by telephone, mail, in-person, internet, and other available electronic means to the Department or its designee in any jurisdiction. The individual shall:
(1) Demonstrate continued residency in the State; and
(2) Meet all nonfinancial and financial requirements in order to be determined eligible.
F. Application Filing and Signature Requirements.
(1) An individual who wishes to apply for health coverage under an Insurance Affordability Program shall submit a written, telephonic, or electronic application signed under penalty of perjury to the Department or its designee in any jurisdictionAn applicant is responsible for completing the application but may be assisted in the completion by an individual of the applicant's choice.
(2) For the purpose of establishing eligibility of a child applicant who is neither pregnant nor postpartum, a parent or stepparent living with the child shall complete and sign the written, telephonic, or electronic application. If the child does not live with a parent, an authorized representative who is 21 years old or older shall complete and sign the application.
G. The date of application shall be the date on which a written, telephonic, or electronic, signed application is received by the Department or its designee. The application may be mailed or submitted electronically to the Department or its designee.
H. An individual who has filed a written, telephonic, or electronic application may voluntarily withdraw that application but the application remains the property of the Department or its designee and the withdrawal does not affect the periods under consideration specified under §I of this regulation.
I. Period Under Consideration. The Department or its designee shall establish a current period under consideration based on the date of application established under §G of this regulation. For a child, the period under consideration is the 12-month period beginning with the month of application.
J. Processing Applications — Time Limitations.
(1) When a written, telephonic or electronic application is filed, a decision shall be made promptly but not later than:
(a) 10 days from the date of application when filed at the local health department; or
(b) 30 days from the date of application when filed at the Department or its designee, but not the local health department.
(2) The time standards specified in §J(1) of this regulation cover the period from the date of application to the date the Department or its designee sends a written or electronic notice of its decision to the applicant.
(3) The Department or its designee shall inform the applicant by written or electronic notice of the missing information needed to determine eligibility, and the applicable time limit of 10 or 30 days.
(4) When an applicant fails to complete the application or to provide the required information needed to determine eligibility within the 10 or 30 day limit provided under §J(1)of this regulation, the applicant shall be determined ineligible.
(5) If an applicant is determined ineligible for the current period under consideration due to a nonfinancial factor, the application shall be disposed of and the application date may not be retained. If the applicant reapplies, a new period under consideration shall be established based on the date the new application is filed.
K. Required Information. All information needed to determine eligibility for the Maryland Children's Health Program shall be reported. When there is evidence of inconsistency with attested information given by the applicant and reported by the state and federal databases, the applicant shall be required to offer an explanation and appropriate verification to reconcile the inconsistency.