Code of Maryland Regulations
Title 07 - DEPARTMENT OF HUMAN SERVICES
Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION
Chapter 07.03.05 - Temporary Disability Assistance Program
Section 07.03.05.05 - Eligibility Determination
Universal Citation: MD Code Reg 07.03.05.05
Current through Register Vol. 51, No. 6, March 22, 2024
A. Medical Findings.
(1) An individual shall provide, on the required State form, adequate medical findings to support the application for assistance.
(2) If an individual does not have the resources to obtain necessary medical findings to verify the impairment, the individual's physician shall be paid from administrative funds:
(a) A fee of up to $60; and
(b) The costs of laboratory work for each examination according to Department of Health and Mental Hygiene schedules, but not to exceed $40.
(3) If the individual has Medical Assistance coverage, the health care provider completing the examination and the required State form may not be paid through administrative funds.
(4) A local department or the Department may:
(a) Contract with an entity to provide the necessary medical findings to verify the impairment; and
(b) Require individuals applying, as a condition of eligibility for assistance, to use that entity to provide those necessary medical findings.
B. Determination of Eligibility.
(1) The local department shall:
(a) Make the decision on the application according to COMAR 07.03.01;
(b) Conduct an interview with the individual at the time of application; and
(c) Verify all factors of:
(i) Impairment;
(ii) Resources; and
(iii) Income.
(2) Medical Reports.
(a) An applicant shall support the application for TDAP with a medical report before a decision is made on eligibility.
(b) The medical report shall:
(i) Contain a statement of the nature and estimated duration of the disabilities;
(ii) Specify whether a medical diagnosis of substance abuse is indicated; and
(iii) Be signed by the examining physician.
(c) The applicant shall sign a release permitting the State to obtain and use copies of all medical reports, held by any source, that pertain to the applicant.
(d) The local department or the SRT may request additional medical information, including, if necessary, laboratory testing, to determine eligibility or to establish an eligibility period.
C. Eligibility Period.
(1) The eligibility period is determined by the local department from the estimated duration of the disability on the completed medical report.
(2) The eligibility period determined by the local department may:
(a) Be less than the estimated recovery time indicated on the medical report; and
(b) Not exceed the estimated recovery time indicated on the medical report.
(3) An applicant whose eligibility period as described in §C(1) and (2) of this regulation is at least 3 months but less than 12 months shall be certified for not more than 9 months in a 36-month period.
(4) An applicant who is determined by the local department to be impaired and unlikely to recover in less than 12 months shall be certified for not more than 12 months if the individual:
(a) Is pursuing SSI eligibility; and
(b) Remains TDAP eligible.
(7) The local department may establish additional eligibility periods of not more than 12 months if the individual:
(a) Reapplies;
(b) Is determined to be eligible; and
(c) Continues to pursue the individual's SSI benefit claim.
(8) The local department shall adjust the eligibility period as necessary to prevent the individual from receiving assistance for more than 9 months in a 36-month period if the individual:
(a) Withdraws the application for SSI; or
(b) Has been finally denied SSI benefits.
(9) Eligibility automatically ends at the end of the eligibility period unless the individual reapplies and establishes a new eligibility period.
D. Eligibility for the entire month is established when an individual meets all eligibility requirements for any portion of the month.
E. Rehabilitation Requirements.
(1) During the eligibility period, if there are available resources, the local department may require the individual as a condition of continuing eligibility to:
(a) Participate in appropriate medical treatment as determined by the local department consistent with the medical findings obtained under §A of this regulation; or
(b) Undergo screening by a certified addictions specialist:
(i) To determine the need for substance abuse treatment; and
(ii) If found to be in need of substance abuse treatment, to participate in appropriate treatment if available.
(2) An individual who fails to participate in one or more activities required under §E of this regulation without good cause, as described in Regulation .16D of this chapter, is ineligible for benefits.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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