5006-3        TIMELY NOTICE REQUIREMENT

In addition to being adequate, notices must be "timely.”  This means that they must be mailed at least 10 days prior to the date upon which the action is to become effective.  Timely notice is required for all adverse actions, except in those situations listed in section 5006-2, above.

The appropriate EIS Eligibility Information System notice is used to notify a current recipient of any change in the status of that recipient's eligibility or increase in the recipient's cost-of care-obligation (nursing home and HCB wavier recipients).

For actions ending Medicaid eligibility, which is issued by the calendar month, the "date the action is to become effective" is the first day of the month.  These timely adverse actions must, therefore, be mailed no later than 10 days before the last day of the last month of eligibility.  It does not matter if the last day of the month falls on a weekend or holiday.  The mailing date is usually the day following the date the caseworker establishes the notice on EIS Eligibility Information System.  However, to meet the 10-day adverse action timeframe, the caseworker must take into account the fact that EIS Eligibility Information System does not generate notices on weekends or holidays.

Example:

If a notice is established on EIS Eligibility Information System 11/20, it will be mailed on 11/21. The mailing date of the 21st is the first day of the 10-day adverse action period and the 30th is the 10th day.  The next day, December 1, is the day the adverse action occurs.  If the notice is not established on EIS Eligibility Information System until 11/21, it will not be mailed until 11/22 at the earliest.  This would only allow 9 days before the adverse action occurs, so the notice would not be "timely" and the Medicaid benefit for the following month could not be terminated.