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COMAR 10.09.24.01-.16 1736 State of Maryland Medical Assistance Manual Revised July 2012

(3) The Department may not seek recovery from the estate of a deceased individual under §A- 3(1) and (2) of this regulation if, in the Department's judgment, substantial hardship exists.

(4) The Department may not seek recovery from the estate of a deceased individual for Medical Assistance payments of Medicare premiums, copayments, or deductibles.

B. The Department shall accept reimbursement when voluntarily offered by a current or former recipient or someone acting on his behalf.

C. Repealed.

D. Extended Benefits Pending a Hearing Decision.

(1) The local department of social services shall refer to the Medical Care Compliance Administration for reimbursement consideration all cases in which:

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Page 136

Official source

COMAR 10.09.24.01-.16 1736 State of Maryland Medical Assistance Manual Revised July 2012

(3) The Department may not seek recovery from the estate of a deceased individual under §A- 3(1) and (2) of this regulation if, in the Department's judgment, substantial hardship exists.

(4) The Department may not seek recovery from the estate of a deceased individual for Medical Assistance payments of Medicare premiums, copayments, or deductibles.

B. The Department shall accept reimbursement when voluntarily offered by a current or former recipient or someone acting on his behalf.

C. Repealed.

D. Extended Benefits Pending a Hearing Decision.

(1) The local department of social services shall refer to the Medical Care Compliance Administration for reimbursement consideration all cases in which:

(a)A recipient received extended benefits pending a…#

(a) A recipient received extended benefits pending a hearing and decision by the hearing officer; and

(b)The hearing officer affirmed the decision of the local…#

(b) The hearing officer affirmed the decision of the local decision of the local department of social services.

(2) The Medical Care Compliance Administration shall institute procedures to recover the cost of any expenditures made on behalf of a recipient in cases identified in §D(1) of this regulation. This provision may not apply to a person who requested a hearing and extended benefits resulting from a bona fide belief that the local department of social services has taken an adverse action erroneously.

E. The local department of social services shall refer to the Medical Care Compliance Administration for investigation and other appropriate action all cases in which a recipient has received coverage erroneously as a result of the action or inaction of the recipient, representative, or person acting responsibly for the recipient.

F. The Department shall investigate and take appropriate action in all cases in which eligibility has been incorrectly established as a result of the action or inaction of a recipient, representative, or person acting responsibly for the recipient.

G. Assignment of Benefits, Release of Information, and Requirement of Cooperation by Recipient in Recovery Procedures.

(1) A recipient of Medical Assistance is deemed to have created an authorization for the release to the Department of all data, records, and information by insurance companies, nonprofit health service plans, providers of medical care, employers, unions, governmental agencies, and any other agencies, organizations, or individuals necessary for the Department's pursuit of third-party