Haw. Code R. § 17-912-49 - Advance notice of action to terminate, suspend, or reduce social services

(a) The department shall give timely and adequate notice prior to initiating-action to terminate, suspend, or reduce social services unless the provisions of subsection (d) apply. Under this requirement:

(1) "Timely" means that:

(A) The department shall mail a written notice at least ten days prior to the effective date of action. The date of action shall be the date on which services shall be terminated, reduced, or suspended; and

(B) When the department obtains facts indicating need for the action because of probable fraud, the department shall mail a written notice at least five days before social service is actually terminated, suspended, or reduced. Where possible, these facts shall have been verified through collateral sources; and

(2) "Adequate" means a written notice that includes statements of:

(A) What action the department intends to take;

(B) Reasons for the intended action;

(C) The departmental rules supporting the intended action;

(D) The individual's right to request an' informal review, a fair hearing, or both; and

(E) The circumstances under which social services shall be continued if a fair hearing is requested.

(b) Unless specified otherwise, timely notice shall not be required under the following circumstances but adequate notice shall be sent no later than the date of action when one of the following conditions is met:

(1) The department has verified the death of a recipient;

(2) The department receives a clear written statement signed by a recipient that:

(A) The recipient no longer wishes social services; or

(B) Provides information which necessitates termination or reduction of social services and indicates that the recipient understands the consequences of supplying the information shall be reduction or termination of social service;

(3) The recipient is admitted or committed to a public institution;

(4) The recipient is placed in a nursing facility or is hospitalized on a long-term basis;

(5) The recipient's whereabouts are unknown and mail sent the recipient is returned by the post office indicating no known forwarding address. When mail is returned, both timely and adequate notice shall be issued only when the recipient has provided the department with a new address. The returned social service assistance check, however, shall be released to the recipient if the recipient's whereabouts become known during the payment period covered by the returned check;

(6) The recipient is accepted for social services in another state and this fact is established by the department; or

(7) A special allowance granted for a specific period is terminated and the recipient is informed in writing at the time the allowance is made that the allowance would automatically terminate at the end of the specified period.

(c) Timely and adequate notice shall be given when automatic grant adjustments are made due to changes in state or federal law. The notice 'shall be adequate if it includes a statement of:

(1) The intended action;

(2) Reasons for the intended action;

(3) The specific change in law requiring the action; and

(4) The circumstances under which a fair hearing may be obtained and assistance may be continued.

(d) Neither timely nor adequate notice shall be required nor shall aid be paid pending a fair hearing when changes in state or federal law or funding result in changes such as deletions or reductions in current social services, reduction or elimination of eligible groups, or changes in eligibility requirements for social services provided that:

(1) At the beginning of a program year, the department issues a public report specifying the social services to be provided and the individuals eligible for the social services during that year;

(2) Changes which are made during a program year are identified for the public by a press release prior to the effective date of change; and

(3) Recipients to be affected by the changes in the program are informed in writing at least ten days prior to the effective date of change.

The determination that the change meets the criteria of this subsection and that no aid shall be paid pending a fair hearing shall be made by the department.

Notes

Haw. Code R. § 17-912-49

[Eff 7/19/82; am and comp JUN 29 1992] (Auth: HRS § 346-14) (Imp: HRS § 346-12)