1. (a) The advance notice period (ANP) shall be one of the following:

   1. (1) Five calendar days when terminating or reducing benefits due to fraud;
   2. (2) Ten calendar days before the date of action to discontinue, terminate, suspend, or reduce assistance; or
   3. (3) No advance notice period shall be provided in accordance with 42 CFR 431.213, as described in (d) below or when the situations described in (e) below apply.
2. (b) For 12-month extended medical assistance (EMA), a 10-calendar day advance notice shall be provided when a client is moving out of state.
3. (c) Changes in assistance group (AG) circumstances that occur or are reported during an ANP shall not be processed until the ANP has expired.

4. (d) The department shall not provide an ANP when federal regulations allow the option of dispensing with the ANP when:

   1. (1) Factual information confirms the death of a recipient;
   2. (2) A recipient provides a written, dated, and signed request to terminate assistance or gives written information which will result in the termination or decrease in the level of eligibility or amount of assistance;
   3. (3) A recipient has been admitted or committed to an institution and is no longer eligible for assistance;
   4. (4) A recipient’s location is unknown and the department’s mail is returned by the postal service indicating no forwarding address is on file; and
   5. (5) The recipient has been accepted for assistance in another state.

5. (e) The department shall not provide an ANP when no action is taken or it would be impossible to provide an ANP to the AG, including, but not limited to, in the following situations:

   1. (1) A recipient is placed in a nursing facility or requires long term hospitalization;
   2. (2) All recipients in the AG have died;
   3. (3) A recipient or AG is closed in one case and opened in another, and the eligibility level and benefit amount remain the same; and
   4. (4) A child is removed from the home as a result of a judicial determination or is voluntarily placed in foster care by the child’s legal guardian.

6. (f) For 12-month EMA, advance notice shall not be provided for the following situations:

   1. (1) There is no longer a dependent child in the 12-month EMA AG;
   2. (2) The individual does not meet the employment requirements;
   3. (3) The individual requests termination of benefits; or
   4. (4) If the result of gross earned income, minus child care costs, for all AG members exceeds the EMA income limit.

Source. #13765, eff 10-5-23