1. A. The LDSS shall:

   1. (1) Determine RCA eligibility for individuals determined ineligible for TCA; and
   2. (2) Refer individuals who are 65 years old or older or who are blind or disabled promptly to the Social Security Administration to apply for SSI.

2. B. Right to File.

   1. (1) An individual is entitled to file an application, and may be assisted by an individual of choice in the various aspects of the application process and the determination of eligibility.
   2. (2) A LDSS shall have available and distribute publications explaining Program features and requirements, rights and responsibilities, and appeals procedures in understandable and simple language.

3. C. Application.

   1. (1) The LDSS shall:

      1. (a) Require an individual applying for RCA to file an application specified by the LDSS and approved by the Department;
      2. (b) Advise the individual of the eligibility factors to be verified, and the types of proofs the LDSS will accept to determine eligibility;
      3. (c) Notify applicants and recipients that the signed application constitutes their consent to permit the Department to request information from any entity to assist in determining eligibility;
      4. (d) Limit access to information received from records of public or private entities in accordance with the confidentiality provisions in COMAR 07.01.07; and
      5. (e) Provide all individuals receiving benefits under RCA with clear and timely notice of their rights.

   2. (2) The application shall be signed under penalty of perjury by:

      1. (a) The applicant;
      2. (b) An authorized representative of the applicant; or
      3. (c) Someone acting responsibly for the applicant if the applicant is incompetent or incapacitated.

4. D. Verification.

   1. (1) The LDSS shall verify the following factors of RCA eligibility:

      1. (a) Countable income;
      2. (b) Countable assets;
      3. (c) Social Security number for each household member or proof of application for a new or replacement card; and
      4. (d) Immigration status.
   2. (2) The LDSS may require verification of any information provided by the individual that is questionable as described in §E of this regulation, incomplete, or outdated.
   3. (3) The primary source for obtaining verification is the applicant or recipient.
   4. (4) The LDSS shall provide a list of required verifications and assist the applicant, recipient, or the representative in obtaining the necessary verifications.

5. E. Information is questionable if information provided by the household is inconsistent with:

   1. (1) Statements made by the applicant;
   2. (2) Information on the application; or
   3. (3) Information otherwise received by the LDSS.

6. F. Case Record. The LDSS shall establish and maintain a paper and an electronic RCA case record that contains:

   1. (1) Narration;
   2. (2) Verifications; and
   3. (3) Other documentation related to the RCA assistance unit.

Authority: Article 88A, §§1A(a), 3(a), and 15, Annotated Code of Maryland;
Federal Regulatory Reference—45 CFR Parts 400 and 401

Effective date: January 19, 2004 (31:1 Md. R. 30)

Regulation .01B amended effective June 18, 2007 (34:11 Md. R. 971)

Regulation .15 repealed and new Regulation .15 adopted effective June 20, 2005 (32:12 Md. R. 1046)

Regulation .15 amended effective June 18, 2007 (34:11 Md. R. 971)