Section 474-1-011 - NOTICES FROM THE DEPARTMENTThe Department notifies the applicant or recipient in writing when:
(A) An applicant is determined eligible or ineligible for social services;(B) A recipient is found eligible or ineligible at the time of verification or redetermination; or(C) A requested service is denied or provided services are to be changed, reduced or terminated. 011.01NOTICE NOT REQUIRED. A written notice to the applicant or recipient is not required when: (A) The applicant or recipient reports services are no longer required and requests that the case be closed;(B) The Department learns the applicant or recipient has died;(C) The applicant or recipient is committed to an institution or admitted to a nursing home on a long-term basis;(D) The applicant or recipient's whereabouts are unknown;(E) The Department has verified services are being receives through another local office; or(F) An authorization period is ending and the recipient has not acted upon a request for redetermination information.011.02SERVICE CONTINUATION DURING APPEAL. In cases where advance notice has been given, the applicant or recipient may appeal. If an appeal is requested in writing within ten days following the date the written notice was mailed, the Department will not carry out the adverse action until a fair hearing decision is made.011.03SERVICES NOT CONTINUED DURING APPEAL. In situations where only adequate notice was required, service is not continued pending a hearing decision.011.04NOTICE OF PROVIDER TERMINATION. When a recipient's provider is disapproved or will not be reapproved, the Department will notify the recipient. A new method of service provision is established to prevent a gap in service provision.474 Neb. Admin. Code, ch. 1, § 011
Adopted effective 6/26/2022