(a) The Department may request and obtain from a fiduciary institution doing business in the State any financial records that the Department determines are necessary to verify or confirm an individual’s eligibility or ineligibility for public assistance.
(b) On a showing by an applicant for long–term care Medicaid benefits that the applicant has been unable to obtain from a fiduciary institution doing business in the State financial records related to financial and real property assets necessary to establish the applicant’s eligibility or ineligibility for Medicaid benefits, the Department shall request the records.
(c) (1) (i) The Department shall adopt regulations governing procedures for requesting, obtaining, and examining financial records that the Department determines are necessary to verify or confirm an individual’s eligibility or ineligibility for public assistance.
(ii) The regulations shall:
1. include reimbursement schedules necessary to compensate fiduciary institutions for complying with this section; and
2. state the requirements that an applicant must satisfy in order for the Department to request financial records under subsection (b) of this section.
(2) The Secretary shall notify a fiduciary institution of the officers or employees of the Department who are authorized to request and receive financial records from the fiduciary institution.
(3) An individual authorized to receive information under this section may not disclose any personally identifiable information obtained or maintained under this section.
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