32.03.04.25

.25 Notification of Ineligibility to Receive a Subsidy.

A. If an individual or couple is determined to be ineligible to receive a subsidy or no longer eligible to receive a subsidy, a provider shall notify the individual or couple in writing of the ineligibility determination within 10 days.

B. A notice of ineligibility for a subsidy shall include:

(1) The decision;

(2) The reason for denial of eligibility;

(3) The participant's right to request a review of the decision; and

(4) What must be done to obtain a review, including the relevant time frames.

C. Request for Review. An individual or couple may obtain a review of a determination of ineligibility for a subsidy by requesting in writing a review of the provider's determination. A written request for a review shall be mailed within 30 days of receipt of the notice of ineligibility to the Congregate Housing Services Program Manager, Maryland Department of Aging, 301 West Preston Street, Baltimore, MD 21201. Upon receipt of a request for review, the Congregate Housing Services Program Manager shall examine and investigate the basis for the denial, gather additional information considered necessary by the Congregate Housing Services Program Manager, and issue a new determination.

D. Determination. If the new determination from the Congregate Housing Services Program Manager finds an individual or couple ineligible, the Department shall issue a notice of ineligibility, which shall include:

(1) The decision;

(2) The reason for denial of eligibility;

(3) The participant's right to appeal the determination; and

(4) What must be done to file an appeal, including the relevant time frames.

E. An individual or couple may appeal a determination of ineligibility issued by the Department in accordance with Regulation .33 of this chapter and COMAR 32.01.01.