Current through Register No. 40, October 3, 2024
(a) The advance notice period shall be one of
the following:
(1) Five calendar days when
terminating or reducing benefits due to fraud;
(2) Ten calendar days before the date of
action to discontinue, terminate, suspend, or reduce assistance; or
(3) Thirty calendar days when the action is
the result of information obtained from a US internal revenue service
crossmatch report.
(b)
For 12-month extended medical assistance (EMA), a 10-calendar day advance
notice shall be provided when a client is moving out of state.
(c) Changes in client circumstances which
occur or are reported during an advance notice period shall not be processed
until the advance notice period has expired.
(d) The department shall not provide advance
notice when federal regulations allow the option of dispensing with the advance
notice when:
(1) Factual information confirms
the death of a recipient or of the FANF payee and there is no relative
available to serve as payee;
(2) A
recipient provides a written and signed request to terminate assistance or
gives written information which will result in the termination or decrease in
the level of eligibility or amount of assistance;
(3) A recipient has been admitted or
committed to an institution and is no longer eligible for assistance;
(4) A recipient's location is unknown and the
department mail is returned by the postal service indicating no forwarding
address is on file;
(5) The
recipient has been accepted for assistance in another state;
(6) A recipient is placed in a nursing
facility or requires long term hospitalization;
(7) All recipients in the assistance group
have died;
(8) A recipient has been
receiving a positive grant adjustment and the adjustment period is
complete;
(9) A recipient requests
in writing to voluntarily initiate, change or remove a vendor payee, or to
change the amount of the vendor payment;
(10) A recipient or assistance group is
closed in one case and opened in another, and the eligibility level and benefit
amount remain the same; and
(11) A
child is removed from the home as a result of a judicial determination or is
voluntarily placed in foster care by the child's legal guardian.
(e) For 12-month EMA, advance
notice shall not be provided for the following situations:
(1) There is no longer a dependent child in
the 12-month EMA assistance group;
(2) The client does not meet the employment
requirements;
(3) The client
requests termination of benefits; or
(4) If the result of gross earned income,
minus child care costs, for all assistance group members exceeds the EMA income
limit.
(See Revision Note at Chapter Heading He-W 600) #5171,
eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRED: 10-25-97; ss by #6614,
eff 10-24-97; amd by #8452, eff
10-22-05
