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<regulation prefix="Regulation" num=".12" citation="COMAR 10.09.24.12" title_num="10" subtitle_num="09" chapter_num="24" heading="Post-Eligibility Requirements.">
  <paragraph num="A.">
    <text>Notice of Eligibility Determination. The Department or its designee shall inform an applicant of the applicant's legal rights and obligations and give the applicant written or electronic notification of the following:</text>
    <paragraph num="(1)">
      <text>For eligible individuals in MAGI coverage groups:</text>
      <paragraph num="(a)">
        <text>The basis and effective date for eligibility;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Instructions for reporting changes that may affect the recipients eligibility; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The right to request a hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>For eligible individuals in MAGI Exempt coverage groups:</text>
      <paragraph num="(a)">
        <text>A finding of eligibility, the beginning and ending dates for coverage; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The right to request a hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>For ineligible individuals in MAGI coverage groups:</text>
      <paragraph num="(a)">
        <text>A finding of ineligibility, the reason for the finding, and the regulation supporting the finding;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Information regarding application for MAGI exempt coverage groups; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The right to request a hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>For ineligible individuals in MAGI exempt coverage groups:</text>
      <paragraph num="(a)">
        <text>A finding of ineligibility, the reason for the finding, and the regulation supporting the finding; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The right to request a hearing.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Recipient Responsibility.</text>
    <paragraph num="(1)">
      <text>A recipient or his representative shall notify the Department or its designee within 10 working days of changes that may affect eligibility.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A recipient or his representative shall limit use of the Medical Assistance card to the person whose name appears on the card.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Third-Party Liability.</text>
      <paragraph num="(a)">
        <text>A recipient or his representative shall notify the Department or its designee within 10 working days when medical treatment has been provided as a result of any accident or other occurrence in which a third party might be liable.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Recipients shall cooperate with the Department or its designee in completing a form designated by the Department to report all pertinent information that would assist the Department or its designee in seeking reimbursement.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>In accident situations, recipients shall notify the Department or its designee of the time, date, and location of the accident, the name and address of the attorney, the names and addresses of all parties and witnesses to the accident, and the police report number if an investigation is made.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>When written notice of cancellation is received, a recipient shall discontinue use of the Medical Assistance card on the first day of ineligibility and return it to the Department or its designee.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Failure to comply with the provisions of §B(1), (2), and (3) of this regulation may result in the termination of assistance.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Failure to comply with the provisions of §B(1)—(4) of this regulation may result in legal action, referral to the Department or its designee for reimbursement, fraud investigation, or both, for illegal use of the Medical Assistance card.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Recipients shall cooperate with the Department’s quality control and audit review process, including provision and verification of all information pertinent to eligibility determination. Failure to cooperate may result in the termination of coverage.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Redeterminations.</text>
    <paragraph num="(1)">
      <text>Redetermination for Former SSI Recipients.</text>
      <paragraph num="(a)">
        <text>The Department or its designee shall promptly redetermine eligibility when notice has been received from the Social Security Administration that an individual's SSI benefits have been terminated.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When notice of SSI termination is received, Department or its designee shall notify the person that redetermination is required to establish continuing eligibility and shall make the application available to him.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>When the written or electronic, signed application is received by the Department or its designee, a new period under consideration will be set. The new period will be related to the date the application is received but may not include any months in which the individual was entitled to coverage under the current certification period.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The Department or its designee shall notify the individual or his representative of the required information and verifications needed to determine eligibility and the time standards in acting in the redetermination process.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>All non-financial and financial factors for continuing eligibility shall be met.</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The following applies when the individual is determined ineligible for Medical Assistance:</text>
        <paragraph num="(i)">
          <text>When the SSI termination is received by the tenth day of the month, the Department or its designee shall cancel certification effective the end of the month, unless the recipient requests a hearing in accordance with COMAR 10.01.04.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>When the SSI termination notice is received after the tenth day of the month, the Department or its designee shall cancel certification effective the end of the following month unless the recipient requests a hearing in accordance with COMAR 10.01.04.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(g)">
        <text>The following applies when the person is determined ineligible for Medical Assistance:</text>
        <paragraph num="(i)">
          <text>When SSI termination is received by the tenth day of the month, the local department of  social services shall cancel certification effective the end of the month, unless the recipient requests a hearing in accordance with Regulation .13 of this chapter.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>When the SSI termination notice is received after the tenth day of the month, the local department of social services shall cancel certification effective the end of the following month unless the recipient requests a hearing I accordance with Regulation .13 of this chapter.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(h)">
        <text>Notice of Eligibility Decisions.</text>
        <paragraph num="(i)">
          <text>Eligible Individuals. Individuals who are determined eligible for a new period under consideration shall be sent notice in accordance with §A(1) and (2) of this regulation.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Ineligible Individuals. Individuals determined ineligible shall be sent notice in accordance with §A(3) and (4) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(i)">
        <text>When ineligibility is due to excess income only, the person will be provided with an explanation of the spend-down provision. Spend-down eligibility may be established at any time during the new period under consideration.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Unscheduled Redetermination.</text>
      <paragraph num="(a)">
        <text>The Department or its designee shall promptly make unscheduled redetermination when:</text>
        <paragraph num="(i)">
          <text>The person's circumstances suggest future changes which may affect eligibility before the due date of a scheduled redetermination;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Relevant facts or changes in circumstances are reported by the recipient or someone on his behalf; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Relevant facts or changes are brought to the attention of the Department or its designee from other responsible sources.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The Department or its designee shall notify the recipient that redetermination is required to establish continuing eligibility. Notification will be sent in a timely manner so that a decision of eligibility will be made within 30 days from the date of change.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Department or its designee shall notify the recipient of the required information and verifications needed to determine eligibility and the time standards in acting in the redetermination process.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The Department or its designee may not require the recipient or his representative to appear in unless the Department or its designee has determined that a face-to-face contact is necessary to make an accurate eligibility determination, or the recipient requests a face to face interview.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>All non-financial and financial factors for continuing eligibility shall be met.</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Eligibility Decisions.</text>
        <paragraph num="(i)">
          <text>Eligibility Continued for the Remainder of the Certification Period. Recipients who are determined eligible for the remainder of the certification period will be sent notice in accordance with §A(1) and (2) of this regulation.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Recipients Determined Ineligible for the Remainder of the Certification Period. Recipients determined ineligible for the remainder of the certification period because of a change in circumstances or failure to establish eligibility following a change in circumstances, shall be sent notice in accordance with §A(3) and (4) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(g)">
        <text>A person may reapply at any time after the cancellation of current eligibility and a new period under consideration will be established.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Scheduled Redetermination.</text>
      <paragraph num="(a)">
        <text>The Department or its designee shall make scheduled redeterminations at least once every 6 months for noninstitutionalized individuals certified under Regulation .11B(3) of this chapter and at least once every 12 months for institutionalized individuals certified under Regulation .11D(3) of this chapter.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Department or its designee shall notify the recipient that redetermination is required to establish continuing eligibility. The notice and application will be sent at least 45 days before expiration of the current certification period.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>When the written, telephonic, or electronic, signed application is received by the Department or its designee, a new period under consideration will be set. The new period will be related to the date the application is received but may not include any months in which the individual was entitled to coverage under the current certification period.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A recipient shall be treated the same as an applicant at the time of scheduled redetermination.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>All nonfinancial and financial factors of eligibility shall be met.</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The local Department or its designee shall make timely decisions in accordance with the provisions of Regulation .04H of this chapter.</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Eligibility Decisions.</text>
        <paragraph num="(i)">
          <text>Eligibility Established. Applicants who are determined eligible for a new period under consideration shall be sent notice in accordance with §A(1) and (2) of this regulation.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Ineligibility Established. Applicants determined ineligible for the new period under consideration shall be sent notice in accordance with §A(3) and (4) of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(h)">
        <text>When ineligibility is due to excess income only, the applicant will be provided with an explanation of the spend-down provision. Spend-down eligibility may be established at any time during the new period under consideration.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Subsequent Application. A person may reapply when eligibility is not met during the periods established in §C(1) and (3) of this regulation.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Continuous Eligibility for Children.</text>
    <paragraph num="(1)">
      <text>The Department shall establish continuous eligibility periods for individuals who are:</text>
      <paragraph num="(a)">
        <text>Younger than 19 years old; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Eligible and enrolled for mandatory or optional coverage.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Individuals who are in a period of continuous eligibility shall, with the exception of the circumstances in §E(4) of this regulation, maintain coverage despite any change in circumstance that would otherwise preclude eligibility.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The period of continuous eligibility shall:</text>
      <paragraph num="(a)">
        <text>Begin on the first day of the month in which initial eligibility was determined or a renewal of eligibility is approved as a result of redetermination; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Remain in effect for a 12-month period or for individuals covered under COMAR 10.09.62, until birth.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>An individual’s eligibility may be redetermined during their continuous eligibility period if one or more of the following changes in circumstances occur:</text>
      <paragraph num="(a)">
        <text>The individual attains the maximum age specified in §E(1)(a) of this regulation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The individual or the individual’s representative requests a voluntary termination of eligibility;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The individual ceases to meet the residency requirements established in Regulation .05-3 of this chapter;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The individual dies; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The Department or its designee determines that eligibility was erroneously granted at the most recent determination, redetermination, or renewal of eligibility due to one or more of the following:</text>
        <paragraph num="(i)">
          <text>Agency error; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Fraud, abuse, or perjury attributed to the individual or the individual’s representative.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>