Md. Code Regs. 07.03.05.12

Current through Register Vol. 52, No. 1, January 10, 2025

Section 07.03.05.12 - Changes Affecting the Case Status

A. An individual shall report to the local department any change in circumstances within 10 days of the onset of the change.

B. If a change that may affect continuing eligibility or the delivery of assistance is reported or brought to the attention of the local department, the local department shall promptly determine eligibility and evaluate the provision of assistance.

C. If the local department believes that an individual's circumstances need to be verified, the local department shall request, and the individual shall promptly submit, completed medical and financial documents for a determination of eligibility.

D. Notice.

(1) After the eligibility period has been established, the local department shall provide timely and adequate advance written notice to the recipient before the:

(a) Eligibility period is shortened or terminated; or

(b) Method of delivery of assistance is changed.

(2) An adequate advance written notice includes:

(a) A statement of the action the local department intends to take;

(b) The reasons for the intended action;

(c) The specific regulations supporting the action;

(d) An explanation of the individual's right to request a hearing before the Office of Administrative Hearings; and

(e) The circumstances under which assistance is continued, if a hearing is requested.

(3) A timely notice is a written notice that is mailed at least 10 days before the date of the action.

(4) If the individual or a representative responds within the advance notice period, the local department:

(a) Shall provide an opportunity for an agency conference:

(i) Where the individual has the opportunity to speak or to be represented by legal counsel, a friend, or other spokesperson; and

(ii) Which does not in any way diminish the individual's right to an administrative hearing; and

(b) May not take the intended action until after the conference with the applicant or recipient or the representative.

(5) The local department shall send adequate notice not later than the date of action if the:

(a) Local department has factual information confirming the death of an individual;

(b) Local department receives a clear written statement signed by the individual that:

(i) The individual no longer wishes to receive TDAP benefits; or

(ii) Gives information that requires the action and indicates that the individual understands that termination of eligibility or reduction of assistance is the consequence of supplying the information;

(c) Individual's whereabouts are unknown;

(d) Individual has moved out of State; or

(e) Local department has factual information confirming that the individual was admitted to a public institution.

(6) If mail from the local department directed to the individual has been returned by the post office indicating no known forwarding address, the local department shall make reasonable attempts to contact the individual.

(7) Mass Changes. If changes in either State law or regulations require automatic adjustments or termination of assistance or when benefits are limited as provided in Regulation .17 of this chapter, the local department shall send timely notice of the adjustment or termination. The notice is adequate if the notice includes:

(a) A statement of the intended action;

(b) The reasons for that intended action;

(c) A statement of the specific changes in law requiring the action or the specific action taken under Regulation .17 of this chapter; and

(d) A statement of the circumstances under which a hearing may be obtained.

E. Continuation of Assistance Pending Appeal. Benefits pending appeal are granted pursuant to COMAR 07.01.04.05H.

F. Reapplication and Extension of Eligibility Period.

(1) If the eligible individual reapplies after the eligibility period has ended, the application shall be considered a new application.

(2) If the eligible individual reapplies before the eligibility period ends, the local department shall complete the application so that eligibility remains uninterrupted for the individual who remains eligible.

(3) If the eligible individual requests an extension of the eligibility period based on new evidence of the individual's impairment, the local department shall determine eligibility and may adjust the eligibility period as appropriate.

(4) At the end of the eligibility period, the local department shall require a new application and obtain new proof of eligibility to establish a new eligibility period.

(5) The local department shall send the eligible individual a reminder notice 1 month before the month the eligibility period is to expire.

Md. Code Regs. 07.03.05.12