473 Neb. Admin. Code, ch. 2, § 007 - NOTICE OF AGENCY ACTION

The Department will mail the applicant or recipient a notification of agency action when

(A) An applicant is determined ineligible for program services;

(B) A recipient is found ineligible at the time of verification or redetermination;

(C) A requested service is denied or provided services are to be reduced or terminated;

(D) A provider has met standards to be approved as a provider; or.

(E) When a recipient's provider is disapproved or will not be reapproved.

007.01 ADVANCE NOTICE. When a provided service is to be reduced or terminated, the Department provides written notice to the recipient at least ten calendar days before the adverse action is effective.

007.02 ADEQUATE NOTICE. If the Department has verified possible recipient fraud, a notice of termination or reduction is sent to the recipient no later than the action's effective date.

007.03 SERVICE CONTINUATION DURING APPEAL. In cases where advance notice has been given, the recipient may appeal. If the appeal is requested in writing within ten days following the date the Department's notice was mailed, the adverse action will not be carried out until a fair hearing decision is made. In situations where only adequate notice is required, service is not continued pending a hearing decision.

Notes

473 Neb. Admin. Code, ch. 2, § 007

Amended effective 7/11/2021