<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 10.20.01.04" title_num="10" subtitle_num="20" chapter_num="01" heading="Program Participation Fee.">
  <paragraph num="A.">
    <text>A recipient whose family income exceeds 175 percent of the poverty income guidelines or whose family liquid assets exceed 200 percent of the poverty income guidelines, or both, at the time of initial application or reapplication is required to pay an annual Program participation fee.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Family income for purposes of this regulation includes the adjusted gross income, as defined in the Internal Revenue Code for federal income tax purposes, plus Social Security benefits, all pension or retirement benefits, or both, and all interest income not otherwise included in the adjusted gross income for federal income tax purposes, of the recipient and each person in the recipient's family.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Program shall establish a recipient's annual Program payment fee equal to the sum of:</text>
    <paragraph num="(1)">
      <text>5 percent of the amount by which the family income exceeds 175 percent of the poverty income guidelines adjusted for family size; plus</text>
    </paragraph>
    <paragraph num="(2)">
      <text>5 percent of the family's liquid assets above 200 percent of the poverty income guidelines adjusted for family size.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>For purposes of §C(2) of this regulation, the Program shall:</text>
    <paragraph num="(1)">
      <text>Include assets which are available as of the date of application for initial enrollment or certification of continuing enrollment, as applicable, in the family's liquid assets;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Include the following in the family's liquid assets:</text>
      <paragraph num="(a)">
        <text>Cash;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Savings and checking accounts;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Certificates of deposit;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Stocks;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Bonds;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Life insurance cash value exceeding $1,500;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Mutual funds;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Money market certificates; and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Other financial instruments or investments that can readily be converted to cash; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Exclude the following from the family's liquid assets:</text>
      <paragraph num="(a)">
        <text>Items of real property; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Items of personal property.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Collection of Fees.</text>
    <paragraph num="(1)">
      <text>The Department shall collect the annual Program participation fee in quarterly installments.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Program shall notify the recipient of the amount of the annual Program participation fee, the quarterly amount to be paid, the payment due date, and payment procedures.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Program may revise the amount of the Program participation fee during a certification period if the Program determines that a revision should be made because of a change in:</text>
      <paragraph num="(a)">
        <text>Family income;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Family liquid assets; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Composition of the family unit.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The recipient shall have a grace period lasting from the first day of the quarter until 30 days before the end of the quarter in which to pay the quarterly amount.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The recipient's enrollment in the Program shall be terminated on the last day of the quarter if a fee amount is not paid by the end of the grace period.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The recipient is responsible for the assessed quarterly amount if the Program receives claims and makes payment for services provided for the recipient within the quarterly billing period.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The Program shall extend the grace period for up to 6 months when the Program determines that, due to extraordinary medical expenses paid by the recipient, a change in family income, or frequent or extended hospitalizations, payment within the grace period will cause substantial hardship to the recipient.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The Department may not refund the Program participation fee paid when the recipient’s Program enrollment is terminated unless termination occurs before the start of the quarter for which the Program participation fee was paid.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Before the Program will recertify an applicant whose prior Program enrollment was terminated for failure to pay the Program participation fee in accordance with this regulation, the applicant shall:</text>
      <paragraph num="(a)">
        <text>Pay any unpaid fees owing for all prior enrollment periods during which the applicant was enrolled in the Program; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Make advance payment of the first quarterly installment of the Program participation fee established for the subsequent enrollment period.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>