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they were in previously if they do not make a plan selection. If more than sixty (60) calendar days have elapsed, the enrollment process will follow the process established in this section. 1.3.5 RHP Member Disenrollment A. Disenrollment from an RHP plan may be initiated by EOHHS or the plan in a limited number of circumstances as follows: 1. EOHHS Initiated Disenrollment – Reasons for EOHHS-initiated disenrollment from an RHP plan include but are not limited to: a. Death; b. No longer Medicaid eligible; c. Eligibility error; d. Enrolled in Medicare or other third (3rd) party coverage; e. Placement in a long-term care institution – such as a nursing facility – for more than thirty (30) consecutive days; f. Placement in Eleanor Slater, Tavares, or an out-of-State hospital; g. Incarceration; or h. Eligibility for Medicaid LTSS in a facility. 2. Member Disenrollment Requested by RHP plan – An RHP plan may request in writing the disenrollment of a member whose continued enrollment seriously impairs the plan’s ability to furnish services to either the particular member or to other members. An RHP plan is not permitted to request disenrollment of a member due to: a. An adverse change in the member's health status; b. The member's utilization of medical services; or c. Uncooperative behavior resulting from the member's special needs. 3. All plan-initiated disenrollments are subject to approval by EOHHS, after an administrative review of the facts of the case has taken place. Beneficiaries have the right to appeal EOHHS’ disenrollment decision (see Part 10-05-2 this Title). EOHHS will determine the disenrollment date as appropriate, based on the results of this review. 1.3.6 Grievances, Appeals and Hearings