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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 101 – Coverage Groups and Processing Applications and Reviews P a g e | 66 Effective Month: September 2023 101.11.01 ADVANCE NOTICE Federal regulations require issuance of a notice of adverse action 10 days before the effective date of an action to reduce or terminate benefits. However, federal regulations also require that for continuation of benefits to apply when requesting a hearing, the 10-day advance notice period includes 5-days mailing time. To simplify this requirement, the adverse action deadline is set for the 15th of each month except in February, which is the 13th of the month, to ensure a minimum of 5-days mailing time. During the advance notice period, the recipient is allowed time to fully comply with unmet requirements, provide information or verification that will alter the decision to terminate or reduce benefits, or request a Fair Hearing with continued benefits. If this occurs, the agency must take prompt and appropriate action to reinstate benefits.
101.11.02 EXCEPTIONS TO ADVANCE NOTICE Unless noted, the following actions require notification to the recipient; however, 15-day advance notice is not required. Death When the agency has factual information verifying the death of a recipient, the date of death and verification source must be recorded in the record. A notice is not generated by the system if the termination reason is death. Some acceptable sources to verify the death date are: • SVES, SDX, or EVVE • Report from recipient’s representative or the MAGI Head of Household. • Viewing the death certificate. • Contact with the funeral home or the attending physician. • DOM-317 from the nursing home or contact with the hospital or nursing home where the patient died. • Obituary.