Md. Code Regs. 07.02.04.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.04.05 - Determination of Eligibility

A. Individual Basis.

(1) A determination of eligibility shall be made on each application within 30 days of the date on which it was signed.

(2) For each individual determined to be eligible, Departmental records shall include sufficient information for the conclusion that the established criteria of eligibility have been met. In the case of income eligibility, written documentation of a person's income may be required, if income statements made by the applicant seem incomplete, inconsistent, or unclear.

(3) Written notice shall be given to an applicant or client within 10 working days when a decision is made on an application for services, or during receipt of services, which denies, reduces, suspends, or terminates services. The notice shall state the decision and the basis for it, cite the regulation supporting it, and shall explain the applicant's right to and the method to request a fair hearing.

(4) Determination of eligibility may be made by a local department of social services or by a purchase of service vendor.

B. Group Basis. The recipients of Home Delivered Meals Service and Multi-Purpose Senior Center Services are considered eligible as a group and an individual determination of client eligibility is not required.

C. Unless it is denied, a requested service shall be provided within 15 days of eligibility decision except in the following circumstances:

(1) Services as described within the service chapters of COMAR are provided to the extent that allocated funds are available.

(2) The local department of social services shall establish criteria subject to the approval of, and in the format required by, the Social Services Administration, for placing applicants on a waiting list when sufficient funds are not available to render the service requested. If the insufficiency of funds for a service is Statewide, the criteria shall be established by the Social Services Administration, by regulation when appropriate.

Md. Code Regs. 07.02.04.05

Regulations .05A, C, E amended effective May 3, 1976 (3:17 Md. R. 912) as emergency; adopted permanently at 3:17 Md. R. 912
Regulations .05, repealed effective June 3, 1985 (12:11 Md. R. 1046)