1. (a) If there is reason to believe that the individual’s level of cognitive functioning or adaptive behavior has changed and the individual no longer has an acquired brain disorder as defined in He-M 522.02(a), or a need for services pursuant to He-M 517.03(a)(3)b., the area agency shall notify the individual receiving services and the representative or guardian if the individual has one, and arrange for a reassessment of eligibility.
2. (b) In the event of a review pursuant to (a) above, the individual, representative, or guardian shall have the right to submit additional evaluations, letters, or other information regarding continued eligibility which shall be considered by the area agency or bureau prior to issuing a decision.
3. (c) If the results of the above reassessment demonstrate that the individual no longer meets the criteria for eligibility in He-M 522.03(a) the area agency shall inform the individual and representative or guardian in writing of the determination and phase out the relevant services over the 12 months following the date of notice. The phase plan shall be outlined through a service agreement.

4. (d) In each instance where the reassessment leads to a denial of eligibility, the area agency shall, in writing:

   1. (1) Inform the applicant, guardian, or representative of the determination;
   2. (2) Describe the specific legal and factual basis for the denial, including specific citation of the applicable law or department rule; and
   3. (3) Advise the applicant, representative, or guardian of their right to appeal pursuant to He-M 522.17.
5. (e) An applicant, guardian, or representative may appeal a denial of eligibility based on the reassessment pursuant to He-M 522.17 and He-C 200.

Source. #7120, eff 10-20-99; ss by #8974, INTERIM, eff 10-6-07, EXPIRED: 4-3-08 New. #9734, eff 6-25-10 (from He-M 522.06); ss by #12683, eff 11-30-18; ss by #14253, eff 5-22-25, EXPIRES: 5-22-35