Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 16 - Notices › Rule 441-16.2 - Notices

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written timely and adequate notice.
When required by federal
				or state law, the department will provide written timely and adequate notice of
				the right to appeal any adverse benefit determination that affects an
				individual who is applying for, or receiving benefits from, an assistance
				program. The department will also provide written timely notice of pending
				actions for a state or federal tax or debtor offset.
(2)
Adequate notice.
The
				department shall give adequate notice of the approval or denial of assistance
				or services; the approval or denial of a license, certification, approval,
				registration, or accreditation.
(3)
Dispensing with timely notice.
Timely notice may be dispensed
				with, but adequate notice shall be sent no later than the date benefits would
				have been issued, when:
a. There is factual
				information confirming the death of the enrollee or of the family investment
				program payee and there is no relative available to serve as a new
				payee.
b. The enrollee provides a
				clear written, signed statement that the enrollee no longer wishes to receive
				assistance, or gives information that requires termination or reduction of
				assistance, and the enrollee has indicated, in writing, that the enrollee
				understands that the consequence of supplying the information is termination or
				reduction of assistance.
c. The
				enrollee has been admitted or committed to an institution that does not qualify
				for payment under an assistance program.
d. The enrollee has been placed in skilled
				nursing care, intermediate care, or long-term hospitalization.
e. The whereabouts of the enrollee are
				unknown and mail directed to the enrollee has been returned by the post office
				indicating no known forwarding address. When the whereabouts of the enrollee
				become known during the payment period covered by the returned warrant, the
				warrant shall be made available to the enrollee.
f. The department establishes that the
				enrollee has been accepted for assistance in another state.
g. Cash assistance or food assistance is
				changed because a child is removed from the home as a result of a judicial
				determination or is voluntarily placed in foster care.
h. A change in the level of medical care is
				prescribed by the enrollee's physician.
i. A special allowance or service granted for
				a specific period is terminated and the enrollee has been informed in writing
				at the time of initiation that the allowance or service shall terminate at the
				end of the specified period.
j. The
				notice involves an adverse determination made with regard to the preadmission
				screening requirements.
k. The
				department terminates or reduces benefits or makes changes as described at
				441-subrule 40.27(3) or rule
				441-75.52 (249A).
l. The department terminates benefits for
				failure to return a completed report form, as described in paragraph
				16.3(3)
"k."
m. The
				department approves or denies an application for assistance.
n. The department implements a mass change
				based on law or rule changes that affect a group of enrollees.