Md. Code Regs. 07.03.16.16

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

Section 07.03.16.16 - Changes; Timely and Adequate Notice

A. Interim Change.

(1) The LDSS shall advise applicants and recipients of the change reporting requirements.

(2) An applicant or recipient who fails to report receipt of or a change in countable income, as required by this section, loses the earnings disregards as described in Regulation .13B(1) and (2) of this chapter.

(3) A recipient shall report any change in circumstances that may affect the amount of payment to the LDSS within 10 days of the change.

(4) Unless RCA is continued pending disposition of an appeal, the effective date of the grant change is:

(a) The first day of the month immediately following the month in which the change occurred; or

(b) If the grant change does not occur in time for it to be effective under §A(4)(a) of this regulation, not later than the first day of the second subsequent month following the month in which the change occurred.

(5) If RCA is terminated for any reason, the LDSS shall:

(a) Reevaluate continued eligibility for Medical Assistance for the assistance unit; and

(b) Review the case for eligibility for other cash programs.

(6) Recipients may request that their case be closed at any time.

B. Adequate Notice.

(1) The LDSS shall provide a RCA recipient with written notice of any change.

(2) Except as provided in §B(3) of this regulation, the written notice shall include:

(a) A statement of what action the LDSS 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 an administrative hearing;

(e) The circumstances under which assistance is continued if an administrative hearing is requested; and

(f) The appellant's obligation to repay any benefits issued during the appeal period if the administrative hearing results in a determination that the appellant was ineligible for benefits that were issued pending appeal.

(3) If changes in either State or federal law require automatic benefit adjustments for categories of recipients, timely notice of a grant adjustment shall be given. The notice shall include:

(a) A statement of what action the LDSS intends to take;

(b) The reasons for the intended action;

(c) A statement of a specific change in law requiring the action;

(d) An explanation of the individual's right to request an administrative hearing;

(e) A statement of the circumstances under which assistance is continued if an administrative hearing is requested; and

(f) A statement of the appellant's obligation to repay any benefits issued during the appeal period if the administrative hearing results in a determination that the appellant was ineligible for benefits that were issued pending appeal.

C. Timely Notice of Termination or Reduction.

(1) Except as described in §D(2) of this regulation, the LDSS shall mail or hand deliver written notice at least 10 calendar days before the date of a reduction, termination, or suspension action.

(2) Timely notice under §C(1) of this regulation is not required if:

(a) The recipient has died;

(b) After exploring all available information the recipient's whereabouts are unknown; or

(c) The recipient requests, in writing, that the case be closed.

Md. Code Regs. 07.03.16.16