§ 366-a. Applications for assistance; investigations; reconsideration.\n1. Any person requesting medical assistance may make application\ntherefor by a written application to the social services official of the\ncounty in which the applicant resides or is found or to the department\nof health or its agent; a phone application; or an on-line application.\nNotwithstanding any provision of law to the contrary, an in-person\ninterview with the applicant or with the person who made application on\nhis or her behalf shall not be required as part of a determination of\ninitial or continuing eligibility pursuant to this title.\n 1-a. Every person making application for medical assistance, and every\nperson on whose behalf an application is made, shall, if interested, be\ngiven the New York state department of health model health care proxy\nform by the person taking the application, except where doing so would\nimpede the immediate provision of health care services.\n 2. (a) Upon receipt of such application, the appropriate social\nservices official, or the department of health or its agent shall verify\nthe eligibility of such applicant. In accordance with the regulations of\nthe department of health, it shall be the responsibility of the\napplicant to provide information and documentation necessary for the\ndetermination of initial and ongoing eligibility for medical assistance.\nIf an applicant or recipient is unable to provide necessary\ndocumentation, the social services official or the department of health\nor its agent shall promptly cause an investigation to be made. Where an\ninvestigation is necessary, sources of information other than public\nrecords will be consulted only with permission of the applicant or\nrecipient. In the event that such permission is not granted by the\napplicant or recipient, or necessary documentation cannot be obtained,\nthe social services official or the department of health or its agent\nmay suspend or deny medical assistance until such time as it may be\nsatisfied as to the applicant's or recipient's eligibility therefor.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an applicant or recipient may attest to the amount of his\nor her accumulated resources, unless such applicant or recipient is\nseeking medical assistance payment for long term care services. For\npurposes of this paragraph, long term care services shall mean care,\ntreatment, maintenance, and services described in paragraph (b) of\nsubdivision 1 of section three hundred sixty-seven-f of this title, with\nthe exception of short term rehabilitation, as defined by the\ncommissioner of health.\n (c) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an applicant or recipient providing written documentation\nof income eligibility of a child for free or reduced breakfast or lunch\nthrough the school meal program certified by the child's school shall\nmeet the evidentiary requirement necessary to document income.\n * (d) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an applicant or recipient whose eligibility under this\ntitle is determined without regard to the amount of his or her\naccumulated resources may attest to the amount of interest income\ngenerated by such resources if the amount of such interest income is\nexpected to be immaterial to medical assistance eligibility, as\ndetermined by the commissioner of health. In the event there is an\ninconsistency between the information reported by the applicant or\nrecipient and any information obtained by the commissioner of health\nfrom other sources and such inconsistency is material to medical\nassistance eligibility, the commissioner of health shall request that\nthe applicant or recipient provide adequate documentation to verify his\nor her interest income.\n * NB There are 2 par (d)'s\n * (d) The commissioner of health may verify the accuracy of the\ninformation provided by the applicant or recipient p
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