Historically, the responsibility has been squarely placed on the applicant (and his or her attorney) to provide all necessary financial documents during the Medicaid application process. However, Congress passed legislation requiring each state to implement an electronic asset verification system (AVS) for the purpose of Medicaid offices having the ability to obtain necessary documents pertaining to applicant eligibility. Additionally, Medicaid caseworkers have access to the Public Assistance Reporting Information System (PARIS).
With these two resources in place, the burden shifts slightly to the Medicaid office to assist in verifying account information during the application process, although the courts are clear that it is not requiring the Medicaid office to actually order bank statements, but simply verify accounts.
The court concludes that a local Medicaid office is not required to obtain documents that are not easily retrieved through these electronic systems. Providing those documents is strictly the responsibility of the applicant.
This recent case decision is a good reminder that Medicaid caseworkers may not be able to obtain all the necessary documentation; therefore, it is a good idea for the applicant to be as thorough as possible in providing the necessary information for a complete application.
If the Medicaid application is denied due to unremitted requested documentation, an experienced Elder Law attorney can help appeal the matter and issue subpoenas for the necessary documents. For assistance with your Elder Law issues in the Greater Baltimore area, contact Stouffer Legal at 443-470-3599.
