Fiscal Year 2009: DHR Documents by Issue Date

Issue Date: 7/3/2008
Control #: 09-01
Subject: Division of Rehabilitative Services (DORS) Contract
Effective Date: 7/3/2008
Program(s) Affected:
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0901.pdf

Family Investment encourages case managers in Local Department of Social Services (LDSS) to refer customers to the Division of Rehabilitative Services (DORS). We also understand that there have been circumstances that affected the number of referrals. Being a State agency, DORS has been held to the hiring freeze and has been unable to hire the number of Vocation Rehabilitation Specialist that they had anticipated hiring. This resulted in acceptance of fewer referrals in certain areas. However, the number of referrals from local departments has also not been as high as anticipated.

Issue Date: 7/15/2008
Control #: 09-02
Subject: Self Initiated Work Activities
Effective Date: 7/15/2008
Program(s) Affected: Temporary Cash Assistance (TCA)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0902.pdf

Recently, the Family Investment Administration has become aware of customers who have found their own work activity and as a result have been denied assistance or penalized for doing so. Customers must cooperate with the local department’s requirements for work participation; however, occasionally a customer will find a program that meets his or her needs as well as or better than the LDSS program. This action transmittal provides clarification for working with customers who find their own acceptable work activities and for assisting these customers in their goals towards self-sufficiency.

Issue Date: 7/24/2008
Control #: 09-03
Subject: Child Specific Benefit
Effective Date: 10/1/2008
Program(s) Affected: Temporary Cash Assistance (TCA)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0903.pdf

During the 2008 session, the Maryland General Assembly repealed the Child Specific Benefit (CSB) rules that were implemented in 1996 for the Temporary Cash Assistance (TCA) program. The CSB requirements have been discontinued since 2002 under local department waivers granted from that provision of the law. Under the waivers customers who receive TCA were not required to obtain or retain a third-party payee for the CSB payment. The waivers had to be renewed every two years. Effective October 1, 2008, we will no longer have to renew the waivers.

Issue Date: 8/13/2008
Control #: 09-05
Subject: Welfare Avoidance Grant (WAG) Reviews
Effective Date: 8/13/2008
Program(s) Affected: Temporary Cash Assistance
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0905.pdf

To meet the WAG monitoring requirement, FIA’s central office will review each local department’s WAG Standard Operating Procedures (SOP) or WAG Plan and review a sample of all local department issued WAGs. Both audit findings and central office reviews of WAGs issued by the local departments indicate that staff do not always follow correct policy and procedure when issuing WAGs to customers. WAGs are intended to help meet a compelling need for a short period of time, not to meet ongoing living expenses for an extended number of months.

Issue Date: 8/13/2008
Control #: 09-04
Subject: Equal Access to Programs and Services
Effective Date: 8/13/2008
Program(s) Affected: All Programs
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0904.pdf

Recently, the federal Department of Health and Human Services (DHHS), Office of Civil Rights requested that DHR remind all staff that individuals with disabilities must have equal access to all programs and services. We cannot allow limited mobility or other disability to hinder a customer’s access to our programs and services in any way. The Americans with Disabilities Act (the ADA) requires equal access. Equal access equates to equal opportunity

Issue Date: 8/20/2008
Control #: 09-06
Subject: FIP Substance Abuse Treatment and Services
Effective Date: 10/1/2008
Program(s) Affected: Temporary Disability Assistance Program
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0906.pdf

The Temporary Disability Assistance Program (TDAP) provides financial assistance to adults disabled and unable to work. Individuals eligible for assistance must comply with program requirements according to COMAR 07.03.05.05. New program requirements adopted in FY 2004 allowed for a rehabilitation requirement when resources became available to the local departments. This Action Transmittal implements the rehabilitation requirement of substance abuse screening and, when required, participation in appropriate substance abuse treatment if available.

Issue Date: 9/3/2008
Control #: 09-07
Subject: Food Stamp Program Name Change to Food Supplement Program (FSP)
Effective Date: 10/1/2008
Program(s) Affected: Food Stamp Program
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0907.pdf

All states now deliver food stamp benefits via Electronic Benefit Transfer (EBT) cards and Maryland has not used coupons or stamps for many years. To reflect this change in benefit delivery, effective October 1, 2008, the Food, Conservation and Energy Act of 2008 renames the Food Stamp Program the Supplemental Nutrition Assistance Program (SNAP) and renames the Food Stamp Act of 1977 the Food and Nutrition Act of 2008. States can adopt their own names or use the federal name. The Food Stamp Program in Maryland will be renamed the Food Supplement Program, thereby, keeping the acronym FSP.

Issue Date: 9/10/2008
Control #: 09-10
Subject: Dependent Care Deduction
Effective Date: 10/1/2008
Program(s) Affected: Food Supplement Program (FSP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0910.pdf

The Food Stamp Program, now the Food Supplement Program, allows families to deduct a portion of their dependent care expenses while they are working, in training for work or temporarily absent from work. The deduction, however, is capped at $175 per month for each dependent age 2 and over and $200 per month for each dependent under the age of 2. A provision included in the Food, Conservation and Energy Act of 2008, allows households to deduct the full amount of dependent care costs they incur while working, in training for work or temporarily absent from work.

Issue Date: 9/10/2008
Control #: 09-09
Subject: Expanded Simplified Reporting
Effective Date: 10/1/2008
Program(s) Affected: Food Supplement Program (FSP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0909.pdf

Effective April 1, 2003 FSP households, with the exception of migrant and seasonal farmworker households, homeless households and households in which all adults are elderly or disabled and who have no earned income, were included in simplified reporting. The households that were not in simplified reporting were subject to the more extensive change reporting requirements. A provision of the Food, Energy and Conservation Act of 2008 allows states to extend simplified reporting to all households.

Issue Date: 9/14/2008
Control #: 09-13
Subject: Food Supplement Program (FSP) And Temporary Cash Assistance (TCA) Mass Changes – October 2008
Effective Date: 10/1/2008
Program(s) Affected: Food Supplement Program and Temporary Cash Assistance
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0913.pdf

Each August, the United States Department of Agriculture (USDA) publishes the updated Thrifty Food Plan, which determines the maximum food supplement allotments. The USDA also publishes the new income standards for the year. The income standards, the maximum food supplement allotments, standard deductions and excess shelter deduction have increased. The homeless shelter deduction did not change. This year, because of the federal Food, Conservation and Energy Act of 2008, the minimum allotment has increased to $14 and the dependent care deduction cap was removed. TCA grants will also increase effective October 1, 2008. The attached tables show the increases for FSP and TCA. The attached FSP manual pages also contain the updates for October 1st. CARES automatically generates all customer notices for increases and decreases at the time of the mass change. The mass modification should take place on September 13, 2008.

Issue Date: 9/15/2008
Control #: 09-12
Subject: Increase in the Federal Minimum Wage
Effective Date: 9/15/2008
Program(s) Affected: Temporary Cash Assistance and Food Supplement Program (FSP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0912.pdf

The federal minimum wage increased to $6.55 per hour effective July 24, 2008 and will increase to $7.25 per hour July 24, 2009. Treat this change as any other change in a customer’s situation. The change in the minimum wage also affects compliance with the Fair Labor Standards Act (FLSA) requirements for work programs. Updates to the TCA Manual and the WORK BOOK are being completed to reflect the minimum wage changes. The increase also affects the FSP work requirements.

Issue Date: 9/15/2008
Control #: 09-11
Subject: Excluded Resources: Education and Retirement Accounts
Effective Date: 10/1/2008
Program(s) Affected: Food Supplement Program (FSP) and Temporary Cash Assistance
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0911.pdf

The recent federal Food, Conservation and Energy Act of 2008, excludes funds in all retirement accounts, including IRA and KEOGH accounts, and certain educational accounts. Effective October 1, 2008, all tax-preferred education accounts (e. g., 529s) and retirement accounts, (e.g., IRAs) are excluded from countable resources in determining eligibility for the Food Supplement Program. For consistency in policy we are applying this to Temporary Cash Assistance, as well.

Issue Date: 9/18/2008
Control #: 09-08
Subject: Out of State Contacts for Information About Customers Who Moved From Another State
Effective Date: 9/18/2008
Program(s) Affected: Temporary Cash Assistance (TCA), Medical Assistance (MA) and Food Supplement Program (FSP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0908.pdf

This Information memo provides an updated contact list for TCA and FSP and MA. Local departments must continue to count any months that a customer received Temporary Assistance to Needy Families (TANF, called TCA in Maryland) benefits in another state, as well as in Maryland, toward the 60 month time limit on all TCA cases. We updated the contact list to include contact information for TANF, MA and FS so that case managers can contact other states when there is a question about duplicate participation or prior TANF months. Remember: Case managers cannot request that an applicant provide a closing letter from another state prior to continuing to process the customer’s application. It is our responsibility to make the call to verify case closure.

Issue Date: 9/24/2008
Control #: 09-14
Subject: Local Department Long-Term Care Contacts
Effective Date: 9/24/2008
Program(s) Affected: All Programs
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0914.pdf

To expedite communication when processing Medical Assistance applications for Long-Term Care (LTC), the Department of Human Resources’ (DHR) Family Investment Administration (FIA) has developed the attached Local Department Long-Term Care Contact list. As always the first line of contact must be the LTC case manager. If you are unable to reach the case manager, please contact the long-term care supervisor listed. Only in extreme emergencies should the FIA Assistant Director or their designee be contacted.

Issue Date: 9/29/2008
Control #: 09-15 Revised
Subject: FIP Substance Abuse Treatment and Services
Effective Date: 9/15/2008
Program(s) Affected: Temporary Disability Assistance Program
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0915rev.pdf

This Action Transmittal rescinds AT 09-06, which provided instructions for referring individuals applying for or receiving Temporary Disability Assistance Program (TDAP) benefits to the Addictions Specialist for substance abuse screening, assessment and referral to treatment.

Issue Date: 10/1/2008
Control #: 09-16
Subject: Able-Bodied Adults Without Dependents–36-Month Period
Effective Date: 11/1/2008
Program(s) Affected: Food Supplement Program (FSP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0916.pdf

Able-bodied adults without dependents (ABAWDs), between the ages of 18-47 can receive FSP benefits for only three months (consecutive or otherwise) in a 36 month period unless they meet specific work requirements. The 36-month period is fixed for the entire caseload. The current 36-month period for all cases began November 1, 2005 and ends October 31, 2008. A new 36-month period begins November 1, 2008 and will end October 31, 2011. See 130.24 of the Food Supplement Program (FSP) Manual for ABAWD policy.

Begin a new 36-month period for all ABAWDs beginning November 1, 2008. ABAWDs who are otherwise eligible are entitled to their 1st three free months on or after that date.

Issue Date: 10/16/2008
Control #: 09-17
Subject: Reviews of Emergency Assistance to Families with Children (EAFC)
Effective Date: 10/16/2008
Program(s) Affected: Emergency Assistance to Families with Children
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0917.pdf

Several years ago, the Legislative Auditors identified problems with the Emergency Assistance to Families with Children (EAFC) program. As a result of their findings, FIA agreed to a review a monthly sample of approved EAFC cases. This is an ongoing review.

The reviews of approved EAFC cases indicate that staff are not always following correct policy and procedures for issuing EAFC benefits to customers. Local departments that have not already done so should review their EAFC plans to ensure that they are current and adhere to policy.

Issue Date: 10/16/2008
Control #: 09-18
Subject: Temporary Assistance to Needy Families (TANF) Final Rule Updates
Effective Date: 10/16/2008
Program(s) Affected: Temporary Cash Assistance
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0918.pdf

The Deficit Reduction Act of 2005 (DRA), reauthorized Temporary Assistance to Needy Families (TANF) and changed work requirements for states. The U.S. Health and Human Services, Administration for Families and Children (ACF) implemented the law with a comment period to allow states to request changes which might be beneficial in helping them meet their work participation rates. The Final Rule which was effective October 1, 2008, provides for the full implementation of TANF under the Deficit Reduction Act of 2005. This action transmittal explains the requirements issued by ACF.

Issue Date: 10/22/2008
Control #: 09-19
Subject: Standardization of Medical Assistance Long-Term Care Forms and Notices/Elimination of Face-To-Face Interview Requirement
Effective Date: 12/1/2008
Program(s) Affected: Medical Assistance Long-Term Care (MA-LTC)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0919.pdf

During the 2008 Legislative Session, the legislature passed Senate Bill 682 requiring the Department of Health and Mental Hygiene (DHMH) and the Department of Human Resources (DHR) to create uniform procedures, guidelines, and forms to be used by all employees in the determination of long-term care (LTC) Medical Assistance eligibility and to streamline regulations, policies, and procedures related to the application for LTC Medical Assistance Program services. DHMH convened a workgroup including DHR Central and Local Department of Social Services (LDSS) representatives to pursue these objectives. The workgroup developed the attached package of forms to be used consistently by all case managers in all LDSS. The workgroup also decided to eliminate the procedural requirement that all applicants participate in face-to-face interviews. This Action Transmittal describes the package of forms to be used by case managers and clarifies new procedures regarding face-to-face interviews for LTC.

Issue Date: 10/22/2008
Control #: 09-20
Subject: Family Investment Administration and the Social Security Administration Liaison Listing
Effective Date: 10/22/2008
Program(s) Affected: All Programs
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0920.pdf

Information Memo 06-31 compiled a list of managers for local Social Services (DSS) offices and parallel Social Security Administration (SSA) field offices to expedite communication and sharing of information needed to process Social Security applications. Attached is an updated list of contacts for your information and use.

Issue Date: 11/19/2008
Control #: 09-21
Subject: Social Security (RSDI) and SSI Cost-Of-Living Increase and Related Increases
Effective Date: 1/1/2009
Program(s) Affected: Cash Assistance, Medical Assistance and Food Supplement Programs
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0921.pdf

Historically, Social Security Retirement, Survivors, and Disability Insurance (RSDI) and Supplemental Security Income (SSI) benefits have increased each year. This is usually true for Railroad Retirement and Veterans Benefits also. The mass change process to take these changes into account for cash assistance, medical assistance and food stamps purposes is described in this transmittal.

Issue Date: 11/21/2008
Control #: 09-22
Subject: Census Workers and Earnings from Temporary Census Employment
Effective Date: 11/21/2008
Program(s) Affected: Temporary Cash Assistance (TCA), Food Supplement Program, (FSP) Medical Assistance, (MA) Purchase of Care, (POC)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0922.pdf

Every 10 years the United States Census Bureau completes the census. In October 2008, the Census Bureau will begin hiring temporary census workers. Census earnings will be counted for temporary census workers who are eligible for the Food Supplement Program (FSP). Census earnings will be excluded for temporary census workers who are eligible for Temporary Cash Assistance (TCA), Purchase of Care (POC) and Medical Assistance (MA) programs.

Issue Date: 12/2/2008
Control #: 09-23
Subject: Increase in Utility Allowances and Increase in Telephone Allowance
Effective Date: 1/1/2009
Program(s) Affected: Food Supplement Program (FSP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0923.pdf

Every year we review the utility and telephone allowances to determine if they should increase, decrease or stay the same. Based on the most recent Consumer Price Index (CPI) for the Baltimore/ Washington area, the standard and limited utility allowances will increase. A recent survey of telephone service providers indicates that phone rates have gone up this year. The telephone allowance will increase slightly.

Issue Date: 1/1/2009
Control #: 09-39 Attachment
Subject: Authorization to Disclose Information to the Department of Human Resources (DHR) Family Investment Administration (FIA)
Effective Date: 1/5/2009
Program(s) Affected:
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0939attach.pdf

I voluntarily authorize and request disclosure (including paper, oral, and electronic interchange)of all my medical records; also education records and other information related to my ability to perform tasks. This includes specific permission to release: 1. All records and other information regarding my treatment, hospitalization, and outpatient care for my impairment(s) including, and not limited to: Psychological, psychiatric or other mental impairment(s) (excludes “psychotherapy notes” as defined in 45 CFR 164.501) Drug abuse, alcoholism, or other substance abuse, Sickle cell anemia, Records which may indicate the presence of communicable or venereal diseases which may include, but are not limited to, Acquired Immune Deficiency Syndrome (AIDS): and tests for HIV. Gene-related impairments (including genetic test results) 2. Information about how my impairment(s) affects my ability to complete tasks and activities of daily living, and affects my ability to work.

3. Copies of educational tests or evaluations, including Individualized Educational Programs (IEP), triennial assessments, psychological and speech evaluations, and any other records that can help evaluate function; also teachers’ observations and evaluations.

4. Information created within 12 months after the date this authorization is signed, as well as past information.

Issue Date: 2/4/2009
Control #: 09-24
Subject: Determining Countable Resources
Effective Date: 2/1/2009
Program(s) Affected: Temporary Cash Assistance (TCA), Food Supplement Program (FSP), Refugee Cash Assistance (RCA)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0924.pdf

The Family Investment Administration (FIA) is constantly reviewing its policies and procedures to accommodate the needs of customers and to help improve the eligibility determination process. We are aware of various challenges the Local Departments of Social Services (LDSS) face, especially now in this very tough economic time. This change in policy is one of the changes we have made to help improve the process.

Issue Date: 2/4/2009
Control #: 09-25
Subject: Medicaid Expansion Questions and Answers
Effective Date: 2/4/2009
Program(s) Affected: Medical Assistance
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0925.pdf

The attached pages contain responses to questions raised by Local Health Department (LHD) and Local Department of Social Services (LDSS) staff regarding the Medicaid Expansion, also called Medical Assistance for Families or “MA4F.” These questions were collected at Medicaid Expansion training sessions, LHD quarterly briefings, and received from staff inquiries to the MAExpansion@dhmh.state.md.us e-mail address. Except when unclear these questions are written as received. 1.What is MA4F? Is this different than Medicaid? 2.Can the MCHP application still be used? 3.Are Medicare recipients eligible for HealthChoice?

Issue Date: 2/6/2009
Control #: 09-26
Subject: The Work Number
Effective Date: 3/1/2009
Program(s) Affected: Temporary Cash Assistance (TCA), Food Supplement Program (FSP), Child Support (CS)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0926.pdf

Recently, FIA and CSEA entered into an agreement with the TALX Corporation to pay the fee for eXpress Service for a three month trial and evaluation period. During this trial period, verification of employment through The Work Number will be immediate and you will be able to search based on a customer’s social security number. The TALX Corporation operates The Work Number employment verification service that most case managers are familiar with. The TALX Corporation has an agreement with 1,850 employers, including many federal agencies, Target and Wal-Mart. Most of our employed customers are working for a company associated with the TALX Corporation.

Currently, case managers enter in the employer name of a customer who has reported working and the system provides basic employment information that is faxed to them within five days. The free standard service does not allow case managers to complete an employment search based on the social security number. During this three month period, FIA and CSEA will determine the cost effectiveness of using the service and determine whether to continue. If at the end of the three month evaluation period the expanded service is determined not to be cost effective, the expanded service will end but case managers can continue to use the free service. Please remember the information that is available via The Work Number service is protected under State and Federal privacy laws. Access is granted for and information may only be used to determine eligibility for DHR and DHR related programs.

Issue Date: 3/11/2009
Control #: 09-27
Subject: Household Composition
Effective Date: 3/11/2009
Program(s) Affected: Food Supplement Program
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0927.pdf

The Governor’s Partnership to End Childhood Hunger is focusing on making nutrition programs available to children and youth. The Food Supplement Program is one of the major programs that helps bring nutritious food to families. As a participant in the partnership FIA was asked to remind staff about household composition policy as it relates to children and youth.

Issue Date: 3/16/2009
Control #: 09-29
Subject: Treatment of Able-Bodied Adults Without Dependents
Effective Date: 4/1/2009
Program(s) Affected: Food Supplement Program (FSP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0929.pdf

On February 17, 2009, the President signed into law the American Recovery and Reinvestment Act of 2009. One provision of the law eliminates the special work requirement for able bodied adults without dependents (ABAWD). They are now eligible for an indefinite period of time. This provision begins April 1, 2009 and lasts until October 1, 2010. Pay special attention to applications that include ABAWDs that are filed within 60 days prior to April 1. Deny for any months prior to April 1, and approve for subsequent months. Between April 1, 2009 until October 1, 2010, ABAWDs are subject to the same work requirements and employment and training requirements as other FSP applicants and recipients. The work requirements are described in section 130 of the Food Supplement Program Manual. Section 130.24 of the FSP Manual – Able Bodied Adults without Dependents - does not apply during this period. Beginning October 1, 2010, the ABAWD time limits will begin again. You will receive additional information about ABAWD changes closer to that time.

Issue Date: 3/16/2009
Control #: 09-30
Subject: Increase in the Maximum Food Supplement Program Allotment
Effective Date: 4/1/2009
Program(s) Affected: Food Supplement Program (FSP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0930.pdf

On February 17, 2009, the President signed into law the American Recovery and Reinvestment Act of 2009. One provision of the law is an increase in the minimum benefit for one and two person households and the maximum benefit amounts. The increases go into effect April 1, 2009 and will remain effective until the cost of the Thrifty Food Plan (under law prior to the stimulus legislation) exceeds the levels prescribed in the stimulus legislation and results in higher maximum benefit levels. The eligibility standards have not changed.

Issue Date: 3/16/2009
Control #: 09-28
Subject: Extension of Special Immigrant Status for Afghani and Iraqi Special Immigrants
Effective Date: 3/16/2009
Program(s) Affected: All Programs
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0928.pdf

Action Transmittal 08-30, issued April 28, 2008, described the special immigrant status for certain Iraqis and Afghani immigrants beyond their status as a legal permanent resident (LPR). Individuals and family members granted this special immigration status are eligible for resettlement assistance, the Food Supplement Program (FSP), Temporary Cash Assistance, Refugee Cash Assistance and Refugee Medical Assistance on the same basis as refugees admitted under section 207 of the Immigration and Nationality Act (INA), except this period of special eligibility cannot exceed 6 months from the date of entry into the United States for Afghanis or 8 months from date of entry for Iraqis. After this 6 or 8 month period, the immigrant is not eligible for benefits on the same basis as a refugee, but since they are legal permanent residents (LPR), they are qualified immigrants. The case manager must determine the eligibility of recipients beyond the 6 or 8 month period, based on each program’s policy. Action transmittal 08-30 limited the special status through September 30, 2008.

Issue Date: 3/24/2009
Control #: 09-31
Subject: The Work Number
Effective Date: 3/24/2009
Program(s) Affected: All Programs
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0931.pdf

This memorandum advises all staff using the Work Number employment verification service of the contractual agreement between FIA/CSEA and the vendor, TALX Corporation, regarding the Vermont Fair Credit Reporting Contract Certification. According to the certification, all users of the Work Number must comply with the Vermont Fair Credit Reporting Statute, 9 V.S.A § 2480e (1999), as amended (the “VFCRA”), and the federal Fair Credit Reporting Act, 15, U.S.C. 1681 et. Seq., as amended (the “FCRA”), and its other state law counterparts. This requirement demands that any staff member with access to the verification system must receive consent from the customer prior to ordering data relating to Vermont residents. The verification system and our contract with TALX Corporation are designed for staff to obtain employment and earnings verification only. Staff may not request any credit reporting history or data as there may be legal ramifications.

Issue Date: 4/2/2009
Control #: 09-32
Subject: Child Support — Assignment of Rights to Pre-Assistance Arrears
Effective Date: 3/20/2009
Program(s) Affected: Temporary Cash Assistance (TCA)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0932.pdf

The Deficit Reduction Act of 2005 (DRA) has been most widely known for the reauthorization the Temporary Assistance to Needy Families (TANF) program and the expansion of TANF work requirements. However, there are also DRA requirements that change the assignment of rights which allow the custodial parent to retain the rights to their pre-assistance arrears now termed as Family Arrears. Child Support Enforcement Administration (CSEA) will send any money collected that is applied to Family Arrears directly to the TCA customer.

Issue Date: 4/3/2009
Control #: 09-33
Subject: Stuck Cases Referral Procedures for Long -Term Care Medical Assistance Eligibility Determinations
Effective Date: 4/1/2009
Program(s) Affected: Medical Assistance
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0933.pdf

Last year, House Bill 1482 and Senate Bill 682 (Medical Assistance Long-Term Care Eligibility Consolidation Plan), required the Department of Health and Mental Hygiene (DHMH) and the Department of Human Resources (DHR) in consultation with LifeSpan and the Health Facilities Association of Maryland to develop a plan to integrate the functions necessary for the determination of long-term care eligibility. The Long-Term Care Consolidation Plan presented to the Health and Government Operations Committee included establishing a long-term care (LTC) centralized unit that would determine long-term care eligibility for Baltimore City, Anne Arundel, Baltimore and Prince George’s Counties, provide legal and financial guidance to all jurisdictions, and house a statewide special functions division to handle specialized case management functions. The plan also provided for two of these specialized functions: 1) centralizing the 257/501 process for long-term care stays for less than 30 days or Medicare Co-Pay Days; and, 2) the review of long-term care cases with outstanding issues, or Stuck Cases to be implemented prior to the formalization of the centralized LTC unit. This transmittal defines the Stuck Cases Referral Process.

Issue Date: 4/15/2009
Control #: 09-34
Subject: Long-Term Care Facility Stay for Less Than 30-Days Or Medicare Co-Pay Days
Effective Date: 4/15/2009
Program(s) Affected: Medical Assistance
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0934.pdf

The Department of Health and Mental Hygiene (DHMH) and the Department of Human Resources (DHR) have collaborated with the nursing home community to streamline the eligibility process and eliminate delays in the payment for services received in a Long Term Care facility (LTCF). Action Transmittal 06-30 released March 3, 2006 outlined policy and procedures for local departments and nursing home providers when processing the Long-Term Care Patient Activity Report (DHMH 257) and submission of the DES 501 for recipients of Community Medical Assistance who were admitted to a LTCF for less than 30 days or for Medicare co-pay days in a LTCF. This transmittal revises the 257 process outlined in Action Transmittal 06-30 for recipients of Community Medical Assistance who are not receiving Waiver Services.

Issue Date: 5/11/2009
Control #: 09-35
Subject: One-Time Only Economic Recovery Payment
Effective Date: 5/11/2009
Program(s) Affected: All Programs
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0935.pdf

On February 17, 2009, the President signed into law the American Recovery and Reinvestment Act (ARRA). The law provides for a one-time payment of $250 for certain individuals who receive Social Security, Supplemental Security Income (SSI), Railroad Retirement and Veterans benefits. The one-time payment is separate from the Social Security or SSI monthly benefit payment. The Social Security Administration (SSA) anticipates issuing most of the checks by late May 2009. For all programs the payments are excluded for the month of receipt and for the following 9 months.

Issue Date: 5/22/2009
Control #: 09-39
Subject: Authorization to Release Information
Effective Date: 5/22/2009
Program(s) Affected: Medical Assistance - Aged, Blind, and Disabled Coverage Group
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0939.pdf

This Action Transmittal (AT) obsoletes AT 03-43 and the Authorization to Release Information (DHR/FIA 161) form. This AT also introduces the Authorization to Disclose Information form (DHR/FIA 827-see Attachment) that replaces the DHR/FIA 161 form and provides instructions on how to use the DHR/FIA 827 form. Federal and State regulations require a disability determination on all individuals that apply for Medical Assistance as a disabled person. The responsibility for the disability determination of an individual for Medical Assistance is with the State Review Team (SRT). The SRT reviews medical records, educational records and other information related to an individual’s ability to perform tasks. In order for the SRT to obtain the required records, the applicant must give written consent to release the required information to the SRT.

Issue Date: 5/22/2009
Control #: 09-38
Subject: Temporary Disability Assistance Program (TDAP) Application Procedures
Effective Date: 5/26/2009
Program(s) Affected: Temporary Disability Assistance Program (TDAP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0938.pdf

BACKGROUND: This transmittal obsoletes procedures outlined in Action transmittal 08-31/Rev.2 for processing applications for customers applying for the Temporary Disability Assistance Program (TDAP). Effective May 26, 2009, the Disability Entitlement Advocacy Program (DEAP) will no longer assist our long-term disabled customers through the Social Security application process. Do not refer to DEAP customers with disabilities of 12 months or more or, if less than 12 months, expected to result in death.

Issue Date: 5/22/2009
Control #: 09-36
Subject: Elimination of Services Provided By the Disability Entitlement Advocacy Program
Effective Date: 5/26/2009
Program(s) Affected: Temporary Cash Assistance (TCA), Public Assistance to Adults (PAA) and Temporary Disability Assistance Program (TDAP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0936.pdf

BACKGROUND: The Disability Entitlement Advocacy Program (DEAP) assists our disabled customers with the Social Security Administration’s (SSA) application process, files the SSI/SSDI application, electronically transmits the Authorization for Reimbursement of Interim Assistance (DHR/FIA 340) form, submits the Appointment of Representative (SSA 1696 U4) form to SSA and represents customers during the SSA appellate process. The Department of Human Resources’ (DHR) Family Investment Administration (FIA) reviewed the DEAP contract and modified it effective June 22, 2009, eliminating DEAP services except for representation during the SSA appellate process for current DEAP recipients. DEAP will no longer provide the following services to customers receiving Temporary Cash Assistance (TCA), Public Assistance to Adults (PAA), or Temporary Disability Assistance Program (TDAP) benefits for applications filed on or after May 26, 2009.

Issue Date: 5/22/2009
Control #: 09-37
Subject: Eligibility Determination Procedures for Long-Term Disabled Customers
Effective Date: 5/26/2009
Program(s) Affected: Temporary Cash Assistance (TCA), Public Assistance to Adults (PAA) And Temporary Disability Assistance Program (TDAP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0937.pdf

BACKGROUND: The Disability Entitlement Advocacy Program (DEAP) assisted our long-term disabled customers in applying for Social Security benefits. DEAP filed the application for Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) benefits; electronically transmitted the Authorization for Reimbursement of Interim Assistance (DHR/FIA 340) form; and submitted the Appointment of Representative form to the Social Security Administration (SSA) for Temporary Cash Assistance (TCA), Public Assistance to Adults (PAA) and Temporary Disability Assistance Program (TDAP) recipients. DEAP also represented customers during the SSA appellate process. The Department of Human Resource’s (DHR) Family Investment Administration (FIA) modified the DEAP contract and effective June 22, 2009, eliminated all DEAP services except representation during the SSA appellate process for current DEAP recipients.

Issue Date: 6/1/2009
Control #: 09-41
Subject: Procedural Changes For Pregnant Women In The X02 Coverage Group
Effective Date: 6/1/2009
Program(s) Affected: Medical Assistance
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0941.pdf

Currently, an illegal or ineligible pregnant immigrant who applies for Medical Assistance (MA) at the Local Department of Social Services (LDSS) or Local Health Department (LHD) is denied eligibility, and must reapply for MA (X02 coverage group) after the birth of a child. Due to an increase in the number of incidents of ineligible or illegal pregnant women who fail to reapply for MA after giving birth, the provider community has requested that the Department of Health and Mental Hygiene (DHMH) review its current procedures for this population. Effective June 1, 2009, an ineligible or illegal pregnant immigrant will be able to apply and be determined eligible for MA in the X02 coverage group at the LDSS or LHD before the birth of the child. However, there has been no change in policy regarding covered services. An illegal or ineligible woman will be eligible for MA coverage of labor and delivery services only. If determined eligible for MA, she will receive a letter, but no card will be issued.

Issue Date: 6/1/2009
Control #: 09-41 Attachment 2
Subject: Noticia de Eligibilidad Servicios Médicos de Emergencia de Dolores y Parto
Effective Date: 6/1/2009
Program(s) Affected:
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0941attach2.pdf

Issue Date: 6/1/2009
Control #: 09-41 Attachment
Subject: Notice of Eligibility Labor and Delivery Emergency Medical Services
Effective Date: 6/1/2009
Program(s) Affected:
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0941attach.pdf

Issue Date: 6/11/2009
Control #: 09-42
Subject: Temporary Increase in Unemployment Insurance Benefits
Effective Date: 6/11/2009
Program(s) Affected: All Programs
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0942.pdf

A provision of the American Recovery and Reinvestment Act (ARRA) of 2009 allows states to increase unemployment compensation (UC) by $25 per week. The federal legislation specifically excludes counting this income for medical assistance programs but does not address the other programs. According to guidance from the Food and Nutrition Service we must count this income for the Food Supplement Program (FSP). The first week for which the additional compensation can be paid is February 28, 2009. Some states have already begun paying the extra amount. Maryland will begin paying the extra amount in the near future. Some people will get back payments, which we will treat according to nonrecurring lump sum policy for the FSP.

Issue Date: 6/11/2009
Control #: 09-40
Subject: New Verification Form for Pregnancy and Pregnancy Related Impairment/Disability
Effective Date: 6/11/2009
Program(s) Affected: Temporary Cash Assistance (TCA)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0940.pdf

TCA applicants and recipients are required to report and verify pregnancy only if the unborn is the only child that allows the assistance unit to be eligible for TCA. Disabled customers are required to provide verification of their disability in order to have good cause or an exemption from work activities. Pregnancy is not a disability; however, some pregnant customers have a pregnancy-related disability that prevents them from participating in a work activity. Pregnancy-related disability must be verified.

Issue Date: 6/23/2009
Control #: 09-43
Subject: Public Assistance Reporting Information System (PARIS) Guide to 993 (Interstate), 994 (Veterans Administration), and 995 (Federal) Alerts
Effective Date: 6/23/2009
Program(s) Affected: Temporary Cash Assistance (TCA), Food Supplement Program (FSP), and Medical Assistance (MA)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0943.pdf

The first Public Assistance Reporting Information System (PARIS) CARES alerts were generated in March 2007. AT 07-21 was issued instructing Local Department staff about the alerts and how to process them. Local Departments have requested more information about the definitions of data listed on the alerts. Attached is a PARIS Alert Guide for the Interstate, Veterans Administration and Federal alerts (alerts 993, 994, and 995). In addition, this guide is posted on the DHRNet FIPNET web page.

Issue Date: 6/29/2009
Control #: 09-45
Subject: Medicaid Expansion Pac Conversion Cases
Effective Date: 6/29/2009
Program(s) Affected: Medical Assistance for Families (MA4F)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0945.pdf

During the 2007 Legislative Special Session, the legislature passed Senate Bill 6 (SB 6) the Working Families and Small Business Health Coverage Act. SB 6 included a provision to expand Medicaid eligibility to low income families with dependent children.

The Department of Health and Mental Hygiene (DHMH) implemented this legislation, also known as the Medicaid Expansion or Medical Assistance for Families (MA4F) on July 1, 2008. As a result of this expansion, adults who were determined eligible for Primary Adult Care (PAC) and had dependent children in their household who received Maryland Children’s Health Program (MCHP) were converted to the F05-U coverage group on MMIS only. Lists of upcoming MCHP redeterminations associated with these PAC conversion cases were sent to the local departments of social services (LDSS) and the local health departments (LHD) in order for the case managers to make an eligibility determination in CARES for Medical Assistance for Families (MA4F).

Issue Date: 6/29/2009
Control #: 09-44
Subject: Increase in the Federal Minimum Wage
Effective Date: 7/24/2009
Program(s) Affected: Temporary Cash Assistance and Food Supplement Program (FSP)
Link to Document: http://www.law.umaryland.edu/marshall/dhr/0944.pdf

The federal minimum wage increases to $7.25 per hour effective July 24, 2009. Treat this change as any other change in a customer’s situation. The change in the minimum wage also affects compliance with the Fair Labor Standards Act (FLSA) requirements for work programs. Updates to the TCA Manual and the WORK BOOK are being completed to reflect the minimum wage changes. The increase also affects the FSP work requirements.