Consequently, the increase in agency workloads occasioned by the welfare law will be replayed every year. State Medicaid Manual 3272.2. This provision however only applies in situations where a state has made its own disability determination, State Medicaid Manual 3272. States are reluctant to provide continuing Medicaid during the appeals process to beneficiaries not covered by the State Medicaid Manual Provision. Instead, HCFA will advise State Medicaid Directors that guidance issued in letter form reflects the current policy of the agency.
Due process requires that States provide adequate notice.
As a general rule, notice is not adequate if it cannot be understood. They do not understand what information is on it or how to read it. HCFA agreed that the notice repeats many of the same problems that we had previously identified and promised to follow-up by contacting state officials. In light of HCFA's plans to issue further guidance, we were anxious to forestall the mailing of yet another illegal notice. Please be sure to keep us posted regarding developments in your state.