32 Miss. Code. R. 1.15

Current through December 10, 2024
Section 32-1.15 - ADVANCE NOTICE (HOME AND COMMUNITY BASED WAIVER SERVICES)

Notice of decisions must be given in advance to ensure consumers have the right to appeal. Timelines are set for the use of appropriate interventions and opportunities for conflict resolution through mediation or other techniques before initiating actions to suspend, deny or terminate services. These timelines are as follows:

Advance Notice The consumer must receive a notice at least 10 (ten) calendar days before the effective date of an action.

Advance Notice Less Than 10 (ten) days The consumer may be given a notice less than 10 (ten) days before the action will occur if the following occurs:

* There is factual information confirming the death of the consumer;

* The consumer has been admitted to a nursing home;

* The consumer has been admitted to a hospital/institution for more than 30 days;

* Consumer gives information that requires termination or reduction of services and indicates that he/she understands that this must be the result of supplying that information (i.e. states he/she no longer wants services);

* Whereabouts of the consumer are unknown and the post office returns agency mail directed to him indicating no forwarding address;

* Consumer has been accepted for Medicaid services in another state;

* Loss of Medicaid eligibility. The effective date of the action must match the effective date of the termination of Medicaid eligibility.

Advance Notice In Cases of Probable Fraud A notice may be given to the consumer five (5) days before an action if there are facts that have been verified, if possible, through reliable sources, that there is probable fraud by the consumer.

32 Miss. Code. R. 1.15