Rule 23-208-1.11 - Due Process ProtectionA. The Case Manager must provide written notice as specified in the Elderly and Disabled (E&D) Waiver to the person when any of the following occur: 2. Services for requested increases in services are denied, or3. Services are terminated.B. The Elderly and Disabled (E&D) Waiver Notice of Action must contain the following information: 1. The dates, type, and amount of services requested,2. A statement of the action to be taken,3. A statement of the reason for the action,4. A specific regulation citation which supports the action,5. A complete statement of the person/authorized representative's right to request a fair hearing,6. The number of days and date by which the fair hearing must be requested,7. The person's right to represent himself or herself, or use legal counsel, a relative, friend, or other spokesperson, and8. The circumstances under which services may be continued if a hearing is requested.C. Whenever the service amounts, frequencies, duration, and scope are reduced, denied, or terminated, the person must be provided written notice of recourse/appeal procedures within ten (10) calendar days of the effective reduction or termination of services or within ten (10) calendar days of the decision to deny additional services.D. In the event of imminent danger to the person, caregiver, or service provider, the person may be discharged from the waiver immediately.23 Miss. Code. R. 208-1.11
42 C.F.R. 431, Subpart E; 42 C.F.R. §§ 431.210, 440.180, 441.301, 441.307; 42 CFR; Miss. Code Ann. §§ 43-13-117, 43-13-121.