(a) Any Wyoming resident may apply for medical assistance under this chapter by filing an application by telephone, by mail, in person at the eligibility customer service center in Cheyenne, on the eligibility internet site or at a department of family services field office located in the county in which the individual resides. A determination of eligibility for medical assistance shall be based upon the application. Medical assistance shall be provided on behalf of a qualified applicant with reasonable promptness. (b) Upon signing an application for medical assistance under this chapter, an applicant assigns to the department any right to medical support or payment for medical expenses from any other person on his behalf or on behalf of any relative for whom application is made. The assignment is effective upon a determination of eligibility. Application for medical assistance shall contain an explanation of the assignment provided under this subsection. (c) In determining the eligibility of an institutionalized spouse for medical assistance under this chapter, the resources of the noninstitutionalized spouse shall not be considered available to the institutionalized spouse to the extent the amount of his resources does not exceed the maximum authorized by the Medicare Catastrophic Coverage Act of 1988, P.L. 100-360. For purposes of determining the amount of an institutionalized spouse's monthly income to be applied towards payment of institutional care costs, the maximum amount of allowance authorized by the Medicare Catastrophic Coverage Act of 1988, P.L. 100-360 shall be deducted from his monthly income. (d) In any assistance program under this chapter for which income is the criterion or one (1) of the criteria for assistance payments, compensation received for a veteran's service connected disability shall not be counted in determining income if that compensation on an annual basis is not more than the poverty level for the applicant as determined by the federal office of management and budget. (e) The following requirements shall be met before an applicant is eligible for medical assistance under this chapter: [NOTE: This subsection will be effective 7/1/2027.] (i) An applicant shall be a citizen or national of the United States and shall provide a valid social security number and proof of identity. An applicant considered to be lawfully present in the United States shall be eligible for medical assistance under this chapter. The requirement in this paragraph shall not apply when determining if the department of health will cover children in the custody of the department of family services; (ii) An applicant shall be a Wyoming resident or meet the criteria specified in the Wyoming Medicaid state plan. An applicant who intends to return to the applicant's home in another state or country shall not be considered a Wyoming resident; (iii) An applicant shall fulfill not less than one (1) of the following criteria: (A) Be determined disabled according to social security guidelines by the social security administration or the department; (B) Be entitled to receive supplemental security income or be eligible for supplemental security income-related programs; (C) Be entitled to receive hospice services in accordance with a voluntary election and a health care provider statement of a terminal condition where: (I) The applicant has received hospice services or resided in a medical institution for not less than thirty (30) consecutive days; or (II) The applicant is not a supplemental security income recipient and dies before completion of the time requirement specified in subdivision (I) of this subparagraph. (D) Be qualified for services, pursuant to rules of the department, under a Medicaid waiver or other expansion that the legislature has authorized; (E) Be infected with tuberculosis and, if the person is not a Wyoming resident or United States citizen, is present in Wyoming and, if not treated, is a threat to infect Wyoming residents with tuberculosis; (F) Be otherwise qualified for medical assistance pursuant to federal Medicaid regulations or be eligible under a mandatory requirement of the federal government for participation in Medicaid, provided that no expansion eligibility for Medicaid beyond the eligibility as of January 1, 2026 shall occur without prior authorization by the legislature, except that the governor may authorize a temporary expansion in eligibility needed to combat a public health emergency, provided that the temporary expansion shall end not more than thirty (30) days after the adjournment of the next legislative session; (G) Be a child in the custody of the department of family services in foster care, basic foster care, noncitizen foster care, subsidized adoption or in residence at the Wyoming boys' school or the Wyoming girls' school; (H) Be enrolled in the 1115 family planning waiver. The department of health is authorized to continue operating the 1115 waiver until its planned expiration in December 31, 2027 and is not authorized to renew the waiver beyond this expiration date; (J) Be enrolled in the employed individuals with disabilities program under section 1902(a)(10)(A)(ii)(XV) of the federal Social Security Act; (K) Be enrolled in the breast and cervical cancer treatment program under section 1902(a)(10)(A)(ii)(XVIII) of the federal Social Security Act. (iv) An applicant shall fulfill any other criteria required pursuant to rules of the department or federal Medicaid regulations.
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