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A. Except as provided for in the state plan for medical assistance services pursuant to § 32.1-325 , application for public assistance shall be made to the local department and filed with the local director of the county or city in which the applicant resides; however, when necessary to overcome backlogs in the application and renewal process, the Commissioner may temporarily utilize other entities to receive and process applications, conduct periodic eligibility renewals, and perform other tasks associated with eligibility determinations. Such entities shall be subject to the confidentiality requirements set forth in § 32.1-325 . Applications and renewals processed by other entities pursuant to this subsection shall be subject to appeals pursuant to § 32.1-325 . Such application may be made either electronically or in writing on forms prescribed by the Commissioner and shall be signed by the applicant or otherwise attested to in a manner prescribed by the Commissioner under penalty of perjury in accordance with § 32.1-325 . If the condition of the applicant for public assistance precludes his signing or otherwise attesting to the accuracy of information contained in an application for public assistance, the application may be made on his behalf by his guardian or conservator. If no guardian or conservator has been appointed for the applicant, the application may be made by any competent adult person having sufficient knowledge of the applicant's circumstances to provide the necessary information, until such time as a guardian or conservator is appointed by a court. B. Local departments or the Commissioner shall provide each applicant for public assistance with information regarding his rights and responsibilities related to eligibility for and continued receipt of public assistance. Such information shall be provided in an electronic or written format approved by the Board that is easily understandable and shall also be provided orally to the applicant by an employee of the local department, except in the case of energy assistance. The local department shall require each applicant to acknowledge, in a format approved by the Board, that the information required by this subsection has been provided and shall maintain such acknowledgment together with information regarding the application for public assistance. C. Local departments or the Commissioner shall provide each applicant for Medicaid with information regarding advance directives pursuant to Article 8 (§ 32.1-325 et seq.) of Chapter 29 of Title 54.1, including information about the purpose and benefits of advance directives and how the applicant may make an advance directive. Code 1950, §§ 63-116, 63-140.3, 63-142, 63-180, 63-206; 1962, c. 621; 1968, cc. 578, 781, § 63.1-107; 1970, c. 721; 1972, c. 718; 1975, cc. 524, 585; 1996, c. 32.1-325 ; 1997, cc. 32.1-325 , 32.1-325 ; 2002, c. 32.1-325 ; 2012, cc. 32.1-325 , 32.1-325 ; 2015, c. 32.1-325 ; 2017, c. 32.1-325 .
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