Minnesota Administrative Rules

9505.0125 NOTICE OF DENIAL OR TERMINATION.

Subpart 1.

Notice to applicant or recipient.

The local agency or department shall send the person a written notice, in the format prescribed by the department, when the agency or department denies prior authorization, restricts free choice of provider, or reduces services, or reduces, denies, or terminates the person's medical assistance eligibility. The notice must clearly state the proposed action, the reason for the action, the person's right to appeal the proposed action, and the person's right to reapply for eligibility or additional eligibility. The notice must comply with parts 9505.0100 and 9505.0140. Except as in subpart 2, the notice must be sent as specified in items A to C:

A.

In the case of restriction of free choice of provider or reduction of services, the notice must be sent by the department to the person no later than ten days before the effective date of the restriction or reduction.

B.

In the case of denial of prior authorization, the department shall notify the recipient and the provider no later than 30 working days after receipt of all information required for prior authorization.

C.

In the case of a denial, reduction, or termination of eligibility, the local agency shall notify the person no later than ten calendar days before the effective date of the action. Except in the case of the recipient's death, the effective date of the termination is the first day of the month after the month in which the recipient no longer met the eligibility factors. In the case of a recipient's death, the effective date of termination is the day after the date of the recipient's death.

Subp. 2.

Exceptions to period of notice.

The circumstances in items A and B permit exceptions to the period of notice required in subpart 1:

A.

The period of notice may be five days before the date of the proposed action if the local agency has facts indicating probable fraud by the applicant or recipient and if the facts have been verified through a secondary source.

B.

The agency may mail a notice not later than the date of action if:

(1)

The local agency has facts confirming the death of an applicant or recipient. The effective date of the notice is the day after the date of death.

(2)

The local agency receives a written statement from the applicant or recipient that he or she no longer wants to receive medical assistance.

(3)

The recipient has been admitted to a penal facility, or an institution for the treatment of mental diseases where he or she is ineligible for further health services.

(4)

The local agency verifies that another state has determined that the applicant or recipient is eligible for medical assistance.

Statutory Authority:

MS s 256B.04

History:

11 SR 1069

Published Electronically:

August 12, 2008