Montana Code Annotated 2023



Part 1. Medical Assistance -- Medicaid

Eligibility Determination

53-6-133. Eligibility determination. (1) The local office of public assistance shall promptly determine the eligibility of each applicant under this part in accordance with the rules of the department. Each applicant must be informed of the right to a fair hearing and of the confidential nature of the information given. The department, through the local office of public assistance, shall, after the hearing, determine whether or not the applicant is eligible for assistance under this part, and aid must be furnished promptly to eligible persons. Each applicant must receive written notice of the decision concerning the applicant's application, and the right of appeal is secured to the applicant under the procedures of 53-2-606.

(2) The local office of public assistance and the department may accept the federal social security administration's determination of eligibility for supplemental security income, Title XVI of the Social Security Act, as qualifying the eligible individuals to receive medical assistance under this part.

(3) (a) The department shall verify the information provided on an application for medicaid under part 13 or under this part, using data sources allowed under federal law or regulation and Montana department of revenue information as required under subsection (3)(b), to confirm an applicant's eligibility for the program before authorizing payment of benefits under the program.

(b) The department shall request income tax and wage income from the department of revenue as allowed under 15-30-2618 and 15-31-511 to verify the income information provided by applicants who may be eligible for coverage pursuant to 53-6-1304.

(4) The department shall establish by rule the documents to be used to verify that an applicant is a Montana resident. (Subsections (3) and (4) terminate June 30, 2025, on occurrence of contingency--sec. 48, Ch. 415, L. 2019.)

History: En. Sec. 10, Ch. 325, L. 1967; amd. Sec. 1, Ch. 181, L. 1974; amd. Sec. 1, Ch. 327, L. 1977; R.C.M. 1947, 71-1520; amd. Sec. 2, Ch. 310, L. 1989; amd. Sec. 453, Ch. 546, L. 1995; amd. Sec. 39, Ch. 571, L. 2001; amd. Sec. 27, Ch. 415, L. 2019.