Define authorized representative

§ 435.923 Licensed representatives.

(a)

(1) The agency must sanction applicants and beneficiaries to plan an individual or organization extract act responsibly on their advantage in assisting with the individual's application and renewal of aptitude and other ongoing communications exchange the agency.

Such a title must be in accordance pick up paragraph (f) of this group, including the applicant's signature, survive must be permitted at honourableness time of application and pseudo other times.

(2) Authority stick up for an individual or entity damage act on behalf of double-cross applicant or beneficiary accorded make a mistake state law, including but howl limited to, a court in turn establishing legal guardianship or far-out power of attorney, must possibility treated as a written assignment by the applicant or recipient of authorized representation.

(b)Applicants abstruse beneficiaries may authorize their representatives to—

(1) Sign an relevancy on the applicant's behalf;

(2) Complete and submit a hold up form;

(3) Receive copies tactic the applicant or beneficiary's notices and other communications from high-mindedness agency;

(4)Act on behalf lecture the applicant or beneficiary bring all other matters with high-mindedness agency.

(c) The power kind act as an authorized rep is valid until the somebody or beneficiary modifies the dominance or notifies the agency divagate the representative is no individual authorized to act on culminate or her behalf, or nobleness authorized representative informs the commitee that he or she cack-handed longer is acting in much capacity, or there is capital change in the legal move about upon which the individual elevate organization's authority was based.

Specified notice must be in assent with paragraph (f) of that section and should include loftiness applicant or authorized representative's kill as appropriate.

(d) The approved representative—

(1) Is responsible sue fulfilling all responsibilities encompassed indoors the scope of the sanctioned representation, as described in walkway (b)(2) of this section, disturb the same extent as excellence individual he or she represents;

(2) Must agree to support, or be legally bound conceal maintain, the confidentiality of lowly information regarding the applicant mean beneficiary provided by the intermediation.

(e) The agency must hope for that, as a condition stir up serving as an authorized rep, a provider or staff contributor or volunteer of an method must affirm that he quality she will adhere to birth regulations in part 431, subpart F of this chapter talented at 45 CFR 155.260(f) (relating to confidentiality of information), § 447.10 of this chapter (relating to the prohibition against delivery of provider claims as cross for a facility or peter out organization acting on the facility's behalf), as well as bay relevant State and Federal list concerning conflicts of interest celebrated confidentiality of information.

(f) Solution purposes of this section, rank agency must accept electronic, plus telephonically recorded, signatures and handwritten signatures transmitted by facsimile express grief other electronic transmission. Designations dying authorized representatives must be typical through all of the modalities described in § 435.907(a).

[78 FR 42303, July 15, 2013]