# COMAR Title 32 — Maryland Department of Aging

## Subtitle 03 — Grants and Subsidies

### Chapter 05 — Senior Call-Check Service and Notification Program

**Authority:** State Finance and Procurement Article, §3A-702, Annotated Code of Maryland

**Administrative History:** Effective date: September 7, 2020 (47:18 Md. R. 824)

#### Regulation .01 Purpose.

*COMAR 32.03.05.01*

The purpose of the Program is to offer a free, opt-in, telephonic service to check on eligible elderly Maryland residents at a regularly scheduled time each day. The Program may be provided by the Department through a private vendor, nonprofit organization, or other entity. The Program may also provide automated telephonic “notifications” in the form of public service announcements related to emergency conditions.  These notifications will be separate from the daily call process.

#### Regulation .02 Definitions.

*COMAR 32.03.05.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Maryland Department of Aging.

  (2) “Program” means the Senior Call-Check Service and Notification Program.

  (3) “Secretary” means the Secretary of Aging.

#### Regulation .03 Eligibility.

*COMAR 32.03.05.03*

An individual is eligible to participate in the Program if the following conditions are met:

A. The individual is a Maryland resident who is 65 years old or older who has a landline phone or a cell phone that does not block automated calls from the Program; and

B. The individual is capable of answering and appropriately responding to a daily phone call.

#### Regulation .04 Application.

*COMAR 32.03.05.04*

In order to enroll in the Program, an individual shall submit a complete application on a form made available by the Department.

#### Regulation .05 Assessment of Application.

*COMAR 32.03.05.05*

A. Upon receipt of an enrollment application for the Program, the Department or an entity it has retained to administer the Program shall determine whether the applicant is eligible to participate in the Program.

B. If an applicant is determined to be eligible for the Program, the applicant will be enrolled as a participant in the Program.

C. Applicants whose applications are not complete or legible will be classified as not eligible.

D. If the Department or an entity it has retained to administer the Program determines that an applicant is not eligible for the Program, and if the applicant has provided such applicant’s current name and address in a legible format, the Department will provide the applicant with a written notification of ineligibility. The notice shall include the following information:

  (1) Decision;

  (2) Reason for ineligibility;

  (3) Specific regulation supporting the action;

  (4) Applicant’s right to appeal the decision; and

  (5) Method for obtaining a hearing.

E. If an applicant was determined to be ineligible because the applicant’s application was incomplete or illegible, the notification of ineligibility shall also inform the applicant that the applicant may apply again by submitting a new, complete, and legible application. An individual whose application is determined ineligible may appeal the determination of ineligibility to the Department in accordance with COMAR 32.01.01.

#### Regulation .06 Revocation or Suspension of Participation.

*COMAR 32.03.05.06*

A. If Department determines that a participant is no longer eligible to participate in the Program, the Department shall provide the participant with a written notification of enrollment revocation at least 10 business days before the effective date of revocation.

B. The Department may revoke or suspend a participant from the Program if the Department determines that a participant misused or abused the service provided by the Program or repeatedly failed to follow the Program’s protocols or other requirement, including any Program limitations or requirements specified in the application form supplied by the Department.

C. If the Department determines to revoke or suspend a participant’s enrollment, the Department shall notify the participant in writing of the suspension or revocation. The notice shall include the following information:

  (1) Decision;

  (2) Reason for the suspension or revocation;

  (3) Specific regulation supporting the action;

  (4) Effective date of the suspension or revocation;

  (5) Applicant’s right to appeal the decision; and

  (6) Method for obtaining a hearing.

D. An individual whose enrollment is revoked or suspended may appeal the determination to the Department in accordance with COMAR 32.01.01.

#### Regulation .07 Appeals.

*COMAR 32.03.05.07*

An appeal of any action taken by the Department or the Secretary under this chapter shall be conducted in accordance with COMAR 32.01.01 and the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.