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3.11. Notice of Action (NOA)

A. Due Process

Every time a case action affecting eligibility, per-child or total family copayment, or the amount of services authorized is taken a Notice Of Action (NOA) must be sent. Such notice must include the reason for the action and the notice of appeal rights and procedures, including the right to a fair hearing if the applicant or recipient is aggrieved by the LDSS’ action or failure to act on an application. The NOA may be sent for more than one reason. Applicants must receive notice of the case action a minimum of 10 days in advance. The LDSS is responsible for generating and communicating the NOA in a timely manner accordingly. A minimum of 14 days is recommended.

A copy of the NOA will be generated from and retained in VaCMS each time Eligibility is certified. The Child Care Worker must evaluate whether the case action for which the NOA is sent affects the case authorization. If so, a revised POSO must be generated in VaCMS, and a completed copy must be sent to the recipient. The revised POSO will be available to the provider in EPPIC. The POSO conveys to the recipient the amount of their copayment and the amount of child care authorized.

If a NOA is sent to close a case and the recipient takes no steps to comply, the case is closed. If the recipient complies with the action stated as the reason for case closure within the 10-day NOA period, a revised NOA must be provided to the applicant/recipient.

Changes which involve a reduction in services must be made effective as of the first of a month. The change must be made effective at the beginning of the month following the month the change is reported or at the beginning of the month following the 10-day period of notification of the NOA.

The NOA is to be used to communicate official eligibility decisions to the applicant or recipient. This includes information such as approval or denial of benefits, copayment amounts, the level of services authorized, and other determinations that affect eligibility. NOTE: Never send a copy of the applicant/recipient’s NOA to the Provider.

B. Child Care Communication Form

The Client Communication Form is to be used to request additional information or documentation from the applicant or recipient. It may also be used to clarify case-specific issues that do not impact eligibility decisions.

Example It would not be appropriate to use the NOA to request income verification. However, if the applicant/recipient does not provide the requested income verification, it would then be appropriate to send the NOA to deny the application or close the case.