(1) Designating an authorized representative (AREP).
(a) A person may designate an AREP to act on his or her behalf in eligibility-related interactions with the medicaid agency by completing the agency's Authorized Representative Designation Form (DSHS 14-532), or through any of the methods described in 42 C.F.R. 435.907(a) and 42 C.F.R. 435.923. The Authorized Representative Designation Form is available online at https://www.dshs.wa.gov/fsa/forms.
(b) A court-appointed legal guardian with authority to make financial decisions on a person's behalf is that person's AREP.
(c) An agreement creating power of attorney (POA) that grants decision-making authority regarding the person's financial interactions with the agency establishes the POA as the AREP.
(d) If a person is unable to designate an AREP due to a medical condition, an individual may designate himself or herself as the AREP by signing the agency's Authorized Representative Designation Form (DSHS 14-532).
(2) Serving as an AREP. To serve as an AREP, an individual or organization must:
(a) Have a good-faith belief that the information he or she provides to the agency is correct.
(b) Report any change in circumstance required under WAC
182-504-0105 unless doing so would exceed the scope of authorized representation or violate state or federal law.
(c) A provider, staff member, or volunteer of an organization must also comply with 42 C.F.R. 435.923(d-e).
(3) Terminating authorized representation.
(a) The person or the AREP may terminate the authorized representation at any time for any reason by notifying the agency verbally or in writing.
(b) Authorized representation terminates automatically when the person dies.
[Statutory Authority: RCW
41.05.021 and
41.05.160. WSR 15-15-143, § 182-503-0130, filed 7/17/15, effective 8/17/15.]