State of Wisconsin Department of Health Services

HISTORY

The policy on this page is from a previous version of the handbook. 

21-03 Version of 2.5 Valid Signature

2.5.1 Valid Signature Introduction

The applicantA person who has submitted a request for coverage for whom no decision has been made regarding eligibility or his or her representative (see below) must sign one of the following:

• The paper application form
• The signature page of the Application Summary (by telephone, electronically, or by providing a handwritten signature)
• The ACCESS application with an electronic signature
• The online or paper Application for Health Coverage & Help Paying Costs from the FFMFederally-Facilitated Marketplace

2.5.1.1 Signatures From Representatives

An applicant's representative can be one of the following:

• Guardian: When an application is submitted with a signature of someone claiming to be the applicant’s guardian, obtain a copy of the document that designates the signer of the application as the guardian. From the documents provided, ensure that the person claiming to be the applicant’s guardian can file an application on his or her behalf. Only the person designated as one of the following may sign the application: When someone has been designated as the guardian of the estate, guardian of the person and the estate, or guardian in general, only the guardian, not the applicant, may sign the application or appoint another representative.
  
  If the applicant only has a legal guardian of the person, the applicant must sign the application unless the applicant has appointed his or her guardian of the person to be the authorized representative.
  • Guardian of the estate
  • Guardian of the person and the estate
  • Guardian in general
• authorized representativeA person or organization authorized to act on a client's behalf. An authorized representative may be designated by the client and may exercise all the rights and responsibilities of a client.: The applicant may authorize someone to represent him or her. An authorized representative can be an individual or an organization. See Section 22.5 Representatives for more information.
  
  If the applicant needs to appoint an authorized representative when applying by telephone or in person, instruct the applicant to complete the Appoint, Change, or Remove an Authorized Representative form (Person F-10126A or Organization F-10126B).
  
  An authorized representative is responsible for submitting a completed, signed application and any required documents.
  
  When appointing an authorized representative, someone other than the authorized representative must witness the applicant’s signature. If the applicant signs with a mark, two witness signatures are required.
• Conservator  (Wis. Stat. 54.76(2)): A conservator is a person who is appointed by a court at an individual’s request under Wis. Stat. 54.76(2) to manage the estate of the individual. When an application is submitted with a signature of someone claiming to be the applicant’s conservator, a copy of the document that designates the signer of the application as the conservator is required.
  
  For health care program purposes, conservators have the same powers as legal guardians. They can apply on behalf of the individual, report changes, renew benefits, and perform other benefit management activities. When someone has been appointed as the conservator, only the conservator, not the applicant may sign the health care application. 
  
  If both a conservator and a durable power of attorney (see below) have been appointed, the order of appointment determines who can sign: 
  • If the durable power of attorney was executed before the conservator was appointed, the durable POA can sign.
  • If the durable power of attorney was executed after the conservator was appointed (or concurrently), either the conservator or the durable power of attorney can sign.
• Durable power of attorney (Wis. Stat. ch. 244): A durable power of attorney is a person to whom the applicant has given power of attorney authority and agrees that the authority will continue even if the applicant later becomes disabled or otherwise incapacitated.
  
  When a submitted application is signed by someone claiming to be the applicant’s durable power of attorney:
  1. Obtain a copy of the document the applicant used to designate the signer of the application as the durable power of attorney.
  2. Review the document for a reference that indicates the power of attorney authority continues notwithstanding any subsequent disabilityThe law defines disability for Medicaid as "The inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." or incapacity of the applicant.
  Do not consider the application properly signed unless both of these conditions are met. An individual's durable power of attorney may appoint an authorized representative for purposes of making a Medicaid application if authorized on the Durable Power of Attorney form. The Durable Power of Attorney form will specify what authority is granted.
  
  The appointment of a durable power of attorney does not prevent an applicant from filing his or her own Medicaid application nor does it prevent the applicant from granting authority to someone else to apply for public assistance on his or her behalf.
• Someone acting responsibly for an incompetent or incapacitated person.

  Example 1:

  Carl is in a coma in the hospital. Sherry, a nurse who works at the hospital, can apply for Medicaid on Carl’s behalf.

• A superintendent of a state mental health institute or center for the developmentally disabled.
• A warden or warden's designee for an inmate of a state correctional institution who is a hospital inpatient for more than 24 hours.
• The superintendent of a county psychiatric institution, who has been designated by the county social or human services director, for residents of the institution. The social or human services director may end the delegation when there is reason to believe that the delegated authority is not being carried out properly.

2.5.2 Witnessing the Signature

The signatures of two witnesses are required when the application is signed with a mark.

An agency staff person is not required to witness the signature of a paper, online, or telephonic application.

Note:

This does not affect the state of Wisconsin’s ability to prosecute for fraud nor does it prevent the Medicaid program from recovering benefits provided incorrectly due to an applicant's or member’s misstatement or omission of fact.

2.5.3 Spousal Impoverishment Medicaid Signatures

All spousal impoverishment"Spousal Impoverishment Protection" refers to special financial provisions in Medicaid law regarding income and assets that affect certain married couples receiving or applying for nursing home or community waiver services. Medicaid applications, renewals, or changes in marital status that cause someone to be subject to spousal impoverishment rules, require the signatures of both the institutionalized person and the community spouseSomeone who is 1) Married to an institutionalized person and 2) Not living in a nursing home or other medical institution for 30 or more consecutive days. or of a person authorized to sign for them as described in Section 2.5.1.1 Signatures From Representatives.

If the benefits are denied or terminated because the community spouse refuses to sign, disclose the value of assets, or provide required information on income or resources, the applicant or member must be sent information on the Undue Hardship Waiver process. For more information on this policy, see Section 22.4 Undue Hardship and Process Help Section 11.7.

2.5.4 Telephone Signature Requirements

Telephonic signatures are valid forms of signatures for Medicaid. To collect a valid telephonic signature:

1. Create an audio recording of the following:
   1. Key information provided by the household during the telephone interview
   2. Signature statement that includes:
      1. Rights and responsibilities
      2. Attestation to the accuracy and completeness of information provided
      3. Attestation to the identity of individual signing the application
      4. Release of information
2. Store the audio recording in the ECF.
3. Send the applicant or member a written summary of the information provided during the interview. Include a cover letter that outlines the applicant or member’s responsibility to review the information provided and notify the agency within 10 calendar days if any errors are noted.
4. Store a copy of the written summary and cover letter in the ECF.

Note:

Applications that are submitted through ACCESS or transferred from the Federally-Facilitated Marketplace are signed electronically, so an additional signature (telephone or physical) is not needed.

2.5.5 Valid Signature on the Federally-Facilitated Marketplace Application

Agencies should accept the signature on the FFMFederally-Facilitated Marketplace application for all individuals on that application and create companion cases for adult children without obtaining a separate signature or application. Workers should reference the original FFM ACCESS application in case comments on the companion case. This policy is for FFM applications only. Current policies for non-FFM applications requiring an adult child to apply separately are still valid.

Because the Medicaid-specific rights and responsibilities information is not provided when a person applies for health care through the FFM, a summary must be sent to the applicant once the application is processed. No additional signature is required.

Note:

Referrals from the FFM may include households with individuals whose eligibility may not be able to be determined on one case.

2.5.6 Electronic Signatures

In general, electronic signatures are valid signatures for documents requiring applicant or member signatures. Electronic signatures may appear typed or printed and may vary depending on the software used to collect the signature. Accept the electronic signature as a valid signature and process the document accordingly.

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The information concerning the Medicaid program provided in this handbook release is published in accordance with: Titles XI and XIX of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapters 46 and 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2, 10 and 101 through 109 of the Wisconsin Administrative Code.

Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.

Publication Number: P-10030