218 R.I. Code R. 218-RICR-20-00-2.29

Current through December 3, 2024

Section 218-RICR-20-00-2.29 - Notice Requirements

2.29.1Notice of Adverse Action

A. A decision on continuing eligibility (prospectively) must be made as soon as it becomes known that a change in a family's income, resources, and/or circumstances will affect the payment.

B. When it is determined that a change in the recipient's circumstances will result in a reduction, suspension, or discontinuance of a payment, the recipient must be notified by issuing a notice of adverse action at least ten days prior to the effective date.

C. The notice must contain:

1. The reason for the proposed action and the agency policy which requires the action;

2. An explanation of the opportunity to discuss the action with the DHS worker authorizing the discontinuance, suspension or reduction in payment;

3. An explanation of the opportunity to have an Adjustment Conference with the Supervisor;

4. An explanation of the provision for continuance of the payment for recipients, including those in a hardship extension, if a hearing is requested within the ten day period of the date of the notice (continuance of benefits is not available for applicants for RIW benefits or for applicants in a hardship extension); and

5. An explanation of the opportunity to request a hearing within thirty (30) days of the date of the notice, along with the "Request for a Hearing" form.

2.29.2When Timely Notice Not Required

A. Where timely notice is not required, an adequate notice must be sent not later than the date of action when:

1. The agency has factual information confirming the death of a recipient or of the payee when there is no relative available to serve as new payee;

2. The agency receives a clear written statement signed by a recipient that s/he no longer wishes assistance, or that gives information which requires discontinuance or reduction of assistance, and the recipient has indicated, in writing, that s/he understands that this is the consequence of supplying such information;

3. The recipient has been admitted or committed to an institution;

4. The recipient has been placed in skilled nursing care, intermediate care or long-term hospitalization;

5. The recipient's whereabouts are unknown and agency mail directed to her/him has been returned by the post office indicating no known forwarding address. The recipient's check must, however, be made available to her/him if the whereabouts becomes known during the payment period covered by a return check;

6. A recipient has been accepted for assistance in another State and that fact has been established by the jurisdiction previously providing assistance;

7. A child is removed from the home as a result of a judicial determination, or voluntarily placed in foster care by his/her legal guardian;

8. A change in level of medical care is prescribed by the recipient's physician; or

9. A special allowance granted for a specific period is terminated and the recipient has been informed, in writing, at the time of initiation that the allowance shall automatically be discontinued at the end of the specified period.

2.29.3Required Action

A. A client has a right to request a hearing within thirty (30) days of the agency's notice of action. If a request for a hearing is made within the ten (10) day advance notice period, no action for reduction, suspension, or discontinuance is taken until the hearing decision is issued except in the following instance:

1. When the reduction, suspension, or discontinuance is caused by a change in either State or Federal law that requires automatic grant adjustment for classes of recipients. A timely notice of such grant adjustment can be issued by mass mailing, and the payment is not continued and no hearing need be granted. Any appeal requested solely due to a change in the law receives an agency response that no hearing is granted. However, a hearing is granted and the payment is continued when the reason for the appeal is incorrect grant computation. The RIW Administrator, assistant administrator or RIW supervisor will review the issue to determine this and will inform the recipient, in writing, of the action that will be taken.

B. If the payment is continued and, at the hearing, a determination is made that the sole issue is one of State or Federal law or policy and not one of incorrect grant computation, assistance is reduced, discontinued, or suspended immediately and the recipient must be promptly informed, in writing, of the action. However, the formal hearing decision is issued within the time limits for hearing decisions.

C. When a second (2nd) change occurs while the hearing decision is pending, and the recipient does not request a hearing within the advance notice period on the second (2nd) issue, assistance is reduced, discontinued, or suspended, and the recipient must be promptly notified of this in writing.

D. At the end of the ten (10) day advance notice period, the action remains in force if the client has not responded and requested a hearing. The client continues to have a right to a hearing, however, on the issue for thirty (30) days following the notice of adverse action.

218 R.I. Code R. 218-RICR-20-00-2.29

Adopted effective 1/6/2019
Amended effective 2/16/2020
Amended effective 2/27/2022
Amended effective 11/11/2022
Amended effective 8/26/2023
Amended effective 11/4/2023