Page 4

COMAR 10.09.24.13

1303 State of Maryland Medical Assistance Manual Revised July 2012 (b)Timely and Adequate Notice The LDSS may not terminate assistance or reduce benefits unless timely and adequate notice has been given to a recipient. For purposes of this requirement:

1. “Timely” means that the notice is mailed at least 10 days before the action becomes effective. The LDSS shall shorten the period of advance notice to 5 days before the date of action if: a. It has facts indicating that action should be taken because of probable fraud by the recipient; and b. The facts have been verified, if possible through secondary sources. 2. “Adequate notice” means a written notice that includes: a. A statement of the intended action; b. The reason for the intended action; c. The specific regulatory citation supporting the intended action; d. Explanation of the right to request a hearing; and e. Explanation of the circumstances under which assistance will be continued if a hearing is requested.

Note: The issuance of timely and adequate notification where applicants or recipients are determined ineligible is the responsibility of the local departments. In general, no adverse action may be taken without giving adequate notice; some adverse actions may be taken without giving timely notice. 3. Waiver of Timely Notice Requirement a. Timely notice need not be provided in the following circumstances: The recipient who was the sole member of the assistance unit dies. The recipient indicates in writing that he/she no longer wishes assistance, and that he/she understands that termination of assistance will be the consequence of that written statement.

Note: An SSI recipient’s request to withdraw from the Program cannot be honored because the agreement between the federal government and the State requires the State to establish coverage for all SSI recipients. The SSI recipient who wishes to avoid claim against his/her estate by the program may choose not to use his/her Medical Assistance card.

The recipient gives information which requires termination of assistance and indicates in writing that he understands that termination of assistance will be the consequence of supplying the information;