1. (1) The eligibility agency shall notify an applicant or member in writing of the eligibility decision made on the application or periodic eligibility review.
2. (2) The eligibility agency shall notify a member in writing ten calendar days before the effective date of an action that adversely affects the member's eligibility.

3. (3) The eligibility agency shall provide the following information:

   1. (a) the action to be taken;
   2. (b) the reason for the action;
   3. (c) the regulations or policy that support the action when the action is a denial, closure, or an adverse change to eligibility;
   4. (d) the applicant's or member's right to a hearing;
   5. (e) how an applicant or member may request a hearing; and
   6. (f) the applicant's or member's right to represent themselves or use legal counsel, a friend, relative, or other spokesperson.

4. (4) The eligibility agency need not give ten-day notice of termination if:

   1. (a) the child is deceased;
   2. (b) the child moves out- of state and is not expected to return;
   3. (c) the child enters a public institution or an institution for mental disease; or
   4. (d) the child's whereabouts are unknown and the post office has returned mail to show that there is no forwarding address.

KEY: children's health benefits

Date of Last Change: July 1, 2024

Notice of Continuation: April 10, 2023

Authorizing, and Implemented or Interpreted Law: 26B-1-213; 26B-3-902