R414-320-14. Notice and Termination

  (1) The eligibility agency shall notify an applicant or enrollee in writing of the eligibility decision made on the application or the recertification.

  (2) The eligibility agency shall end an individual's enrollment upon enrollee request or upon discovery that the individual is no longer eligible.

  (3) The eligibility agency shall end an individual's enrollment if the individual fails to complete the periodic review process on time.

  (4) The eligibility agency shall notify an enrollee in writing at least ten days before the effective date of an action adversely affecting the enrollee's eligibility. The notice must include:

  (a) the action to be taken;

  (b) the reason for the action;

  (c) the regulations or policy that support an adverse action;

  (d) the applicant's or enrollee's right to a hearing;

  (e) how an applicant or enrollee may request a hearing; and

  (f) the applicant or enrollee's right to represent himself, or use legal counsel, a friend, relative, or other spokesperson.

  (5) The eligibility agency need not give ten-day notice of termination if:

  (a) the enrollee is deceased;

  (b) the enrollee moves out-of-state and is not expected to return; or

  (c) the enrollee enters a public institution or institution for mental disease.