The provisions of this chapter apply to: Public Assistance to Adults as set forth in COMAR 07.03.07; Temporary Disability Assistance Program as set forth in COMAR 07.03.05; The Burial Assistance Program as set forth in COMAR 07.03.20; and Emergency Assistance to Families with Children as set forth in COMAR 07.03.08. The provisions of this chapter do not apply to the: Family Investment Program (FIP); Food Supplement Program; or Refugee Cash Assistance. The FIP applicants shall comply with the provisions of COMAR 07.03.03. Food Supplement Program applicants shall comply with the provisions of COMAR 07.03.17. Refugee Cash Assistance applicants shall comply with the provisions of COMAR 07.03.16. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means an individual who has submitted an application for assistance directly or through the individual's authorized representative or, if incompetent or incapacitated, through someone acting responsibly for the individual, and whose application is pending. Application. “Application” means giving written notice to the local department of social services of the desire to receive assistance. “Application” does not include an inquiry, which is simply a request for information about eligibility requirements for benefits. “Authorized representative” means an individual who has been designated in writing by the applicant or recipient to act on behalf of the applicant or recipient. “Benefit” means a grant provided under a program as described in Regulation .01 of this chapter. “Department” means the Department of Human Services. “Local department” means a department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services. “Recipient” means an individual in an active case. Verification. “Verification” means proof that the statements made by an individual during the application or redetermination of eligibility for benefits are true. “Verification” includes proof contained in documents or records of public or private agencies, firms, or individuals. An individual may choose which program to apply under. An individual requesting assistance, or on whose behalf a request is made, shall have the opportunity to file an application if the individual wishes. An interview that may be conducted over the telephone rather than face to face shall be conducted, before a benefit is authorized, for the purpose of clarifying all factors of eligibility and explaining the applicant's rights and responsibilities. An individual applying for or receiving benefits shall: Read, or have read to the individual, a statement of what constitutes fraud; and Sign this statement acknowledging that the individual understands that the penalties for welfare fraud may be: A fine of not more than $1,000; Imprisonment for not more than 3 years; or Both fine and imprisonment. An applicant may be: Assisted by an individual of the applicant's choice in the application process and the redetermination of eligibility; and Accompanied by that individual in contacts with the local department. Individuals eligible for financial assistance with federal financial participation are eligible for medical assistance under Title XIX without being required to file a separate application. The Department shall give to applicants, in writing and orally, as appropriate: Information pertinent to the individual's decision about whether the individual wishes to file a signed application; Information about: Coverage; Scope of the program; and Related services available; and The rights and responsibilities of applicants for or recipients of assistance. Application. The local department shall: Require an individual applying for benefits to file an application on forms specified and approved by the Department; Advise the individual of the eligibility factors to be verified, and the types of proofs that may be accepted by the local department to determine eligibility; Notify applicants and recipients that the signed application constitutes their consent to permit the Department to request information from any entities to assist in the eligibility determination; Limit access to information received from records of public or private entities in accordance with the confidentiality provisions in COMAR 07.01.07; and Provide all individuals receiving benefits, as described in Regulation .01 of this chapter, with clear and timely notice of their rights and responsibilities. The application shall be signed under penalty of perjury by the applicant, by an authorized representative, or by someone acting responsibly for the applicant if the applicant is incompetent or incapacitated. The local department shall verify the following factors of eligibility: Countable income; Countable assets, except for the Temporary Cash Assistance Program, which does not consider assets and resources as part of the eligibility determination; Social Security number for each applicant or proof of application for a new number; and The immigration status of any noncitizen. The local department may require verification of any questionable information provided by the individual. The applicant shall obtain the information and verification that the local department requires to make a decision as to eligibility for payment. If the individual is physically or mentally incapable of taking the needed action, or lacks resources to meet these requirements, the local department shall: Assist the individual or the representative in obtaining necessary verifications; Pay any costs incurred from administrative funds; and Obtain the individual's written consent before initiating action to obtain verification on the individual's behalf. The local department shall deny the application for refusal to cooperate if the applicant or recipient refuses to cooperate with the local department in completing the process described in Regulation .03 and .04 of this chapter. To make a determination of refusal to cooperate, the local department shall determine that the individual was able to cooperate but demonstrated that the individual would not take the actions that were required to complete the application process. If there is a question as to whether the individual has only failed to cooperate, as opposed to refused to cooperate, the local department may not deny the individual on the grounds of refusal to cooperate. The local department shall find the individual ineligible if the individual refuses to cooperate in subsequent reviews of eligibility, including reviews generated by reported changes and applications for redetermination. An individual who transfers property to become eligible for assistance at any time within 3 months before filing application for assistance is ineligible. In determining whether or not the transfer was for the purpose of becoming eligible for benefits, the local department shall give consideration to: The individual's reason for the transfer; The amount received in relation to the individual's full equity in the property; and Whether the proceeds have been used for reasonable living expenses before application. The provisions of §§A and B of this regulation do not apply to Temporary Cash Assistance. In this regulation, the following terms have the meaning indicated: “Public institution” means a place of residence which affords shelter or care to two or more individuals and which is operated and managed under public auspices, as evidenced by: The ownership of ground and buildings by the State, county, or municipal government; Management in whole or in part by or through any public instrumentality, official, or employee acting in an official capacity; or The major portion of expenses being met by inclusion in the public budget and appropriation for it. Inmate of a Public Institution. “Inmate of a public institution” means an individual who is living in the public institution and plans to continue to live there, or is there by court commitment. “Inmate of a public institution” does not include an individual who: Has a definite plan to leave the institution within the current month or the following month; Is attending a public educational or vocational training institution where living in the institution is incidental to the purpose of securing education or training; or Is on conditional release from a public mental hospital and enters into another living arrangement free of controls by the hospital other than professional help or guidance related to his mental condition. Eligibility. Tuberculosis or Mental Hospitals. Assistance may not be granted to an individual in a public or a private institution for tuberculosis or mental disease who is 64 years old or younger. Assistance may be granted to an individual who is 65 years old or older in an institution for tuberculosis or mental disease if the individual is: Certified for payment under the Medical Assistance Program; and In one of the State mental or tuberculosis hospitals designated for payment under that program. Public Institution. The local department may not grant assistance to an inmate of a public institution except while a patient is: Certified for payment under the Medical Assistance Program for care in a public medical institution; or In an intermediate care unit that is a distinct part of a public medical institution qualified for payment under the Medical Assistance Program. Private Institution. The local department may grant assistance to an eligible individual in a private institution except as limited by this regulation. The local department shall: Make a decision as to payment of a benefit as promptly as possible, but not later than 30 days from the date of the first filing of the signed application, except as described in Regulation .09 of this chapter; Promptly pay the benefit to an eligible individual and continue payment regularly thereafter until the individual is found to be ineligible; and Begin benefits effective the first day of the month for which eligibility is established, unless otherwise specified by regulation. Written Notice of Approval. When the local department determines that an individual is eligible, the local department shall send written notice to the applicant or recipient to indicate: That benefits have been authorized; and The amount of the benefit. Written Notice of Denial. The local department shall send a notice to the individual when the local department denies or terminates the individual's benefits. The notice of denial or termination shall specify: The reasons for the denial or termination; The specific Department regulation supporting this action; and An explanation of the individual's right to request an administrative hearing about the decision. An application shall be disposed of by a finding of eligibility or ineligibility unless: The applicant voluntarily withdraws the application, and there is documentation in the case record that a notice has been sent to confirm the applicant's notification to the local department that the individual does not wish to pursue the application; or There is a documentation in the case record that the application has been disposed of because the applicant died or could not be located. Notice of Pending Status. The local department shall send a notice of pending status to the applicant if the: Application is not complete; or Local department does not make a decision on eligibility within 30 days after filing. If the local department caused the delay, the notice shall include the: Reason for the delay; and Any action that the individual or the local department must take. If the individual does not complete the application process before the end of the 30-day period, the notice shall include: The action the individual is required to take; and A warning that the local department shall deny the application if it is not completed within 60 days of its filing date. If the local department failed to schedule the first interview within 30 days of the filing date, the notice shall include: The date of the appointment; A list of any verification needed; and A warning that, if the application is incomplete at the end of the 60-day period after the filing date because of any failure of the applicant, the local department shall deny the application. Delay Caused by the Local Department. If the local department caused a delay in the application process, the local department shall continue to process the application. Local department caused delays include, but are not limited to, the local department's failure to: Offer or provide assistance to the applicant to complete the application form; Notify the applicant with a statement of required verification or to allow the applicant 10 days after the local department's request for verification; Explore and attempt to resolve with the applicant unclear or incomplete information; or Notify the applicant that the local department could reschedule a missed interview. Delay Caused by the Applicant. If the application is completed after the 30th day and before the 60th day due to a delay caused by the applicant, the benefit calculation is from the date the individual takes the required action. Applicant caused delays include, but are not limited to, the individual's failure to: Cooperate with the local department in resolving unclear or incomplete information provided at the interview; Provide missing verification; or Reschedule a missed appointment. Appeal of Local Department Decision. The local department shall give written notice of the right to, and the procedures for requesting and obtaining, an administrative hearing to each applicant or recipient of benefits: At the time of application; and Whenever the local department notifies the applicant or recipient of any action to deny, delay, suspend, reduce, or terminate assistance. The appeal procedures are set forth in COMAR 07.01.04. Discrimination. An applicant, recipient, authorized representative, or individual acting on behalf of an individual who believes the local department has discriminated on the basis of age, race, color, sex, disability, religion, national origin, or political beliefs may file a written complaint in accordance with COMAR 07.01.03.08. A case record or other official records of the Department or local departments shall be maintained, including documentation or recording of the sources of verifications of all required elements of eligibility, to show accurately and completely that the requirements of this chapter have been met. Human Services Article §§5-207 and 5-501(b), Annotated Code of Maryland(Agency Note: Federal Regulatory Reference—45 CFR §206.10) Effective date: Regulations .01, .02 effective July 7, 1976 (3:14 Md. R. 746) Regulation .01 amended affective July 18, 1994 (21:14 Md. R. 1227) Regulation .01-1 adopted effective October 1, 1996 (23:19 Md. R. 1372) Regulation .01-1 amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:6 Md. R. 483) Regulation .02 amended effective December 30, 1977 (4:27 Md. R. 2102) Regulation .02E amended effective July 18, 1994 (21:14 Md. R. 1227) Regulation .02H repealed and new Regulation .02H adopted effective August 10, 1987 (14:16 Md. R. 1772) Regulation .02I amended effective June 1, 1979 (6:11 Md. R. 977) Regulation .02J amended effective July 18, 1994 (21:14 Md. R. 1227) Regulation .03 amended as an emergency provision effective November 1, 1995 (22:23 Md. R. 1794); amended permanently effective May 1, 1996 (23:8 Md. R. 604) Regulation .03 amended effective October 1, 1996 (23:19 Md. R. 1372) Regulation .03A effective July 1, 1974 Regulation .03A, B amended effective December 30, 1977 (4:27 Md. R. 2102) Regulation .03B, C effective July 7, 1976 (3:14 Md. R. 746) Regulation .03B amended as an emergency provision effective December 1, 1982 (9:26 Md. R. 2569); adopted permanently effective March 14, 1983 (10:5 Md. R. 464) Regulation .03-1 adopted effective July 18, 1994 (21:14 Md. R. 1227) Regulation .04 effective July 1, 1974 Regulation .04 amended effective June 1, 1979 (6:11 Md. R. 977); July 18, 1994 (21:14 Md. R. 1227) Regulation .05 effective July 7, 1976 (3:14 Md. R. 746) Regulation .06A effective September 17, 1975 (2:21 Md. R. 1340) Regulation .06A amended effective October 10, 1983 (10:20 Md. R. 1783) Regulation .06B effective December 10, 1975 (2:28 Md. R. 1666) Regulation .07 amended effective December 30, 1977 (4:27 Md. R. 2102) Regulations .01—.07 repealed and new Regulations .01—.11 adopted effective December 10, 2001 (28:24 Md. R. 2127) Regulation .01A, B amended and E adopted effective August 16, 2004 (31:16 Md. R. 1253) Regulation .01B, D amended effective April 28, 2014 (41:8 Md. R. 469) Regulation .03 amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .03C amended effective April 28, 2014 (41:8 Md. R. 469) Regulation .04A amended effective April 28, 2014 (41:8 Md. R. 469) Regulation .06C adopted effective April 28, 2014 (41:8 Md. R. 469) Regulation .07B amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .08A, C amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .09A, C amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .10A amended effective August 16, 2004 (31:16 Md. R. 1253)