| (a) DADS terminates an individual's CLASS Program services
and CFC services if any of the following situations exists:
(1) the CMA or DSA has factual information confirming
the death of the individual;
(2) the CMA or DSA receives a clear written statement
signed by the individual that the individual no longer wishes CLASS
Program services;
(3) the individual's whereabouts are unknown and the
post office returns mail directed to him or her by the CMA or DSA,
indicating no forwarding address; or
(4) the CMA or DSA establishes that the individual
has been accepted for Medicaid services by another state.
(b) If a CMA becomes aware that a situation described
in subsection (a) of this section exists, the CMA must request, in
writing, that DADS terminate CLASS Program services and CFC services
for the individual. The request must be sent to DADS within two business
days after the CMA becomes aware of the situation and be supported
by written documentation.
(c) DADS notifies the individual's CMA, in writing,
of whether it authorizes the termination of CLASS program services
and CFC services.
(d) Upon receipt of a written notice from DADS authorizing
the termination of CLASS Program services and CFC services, the CMA
must, in accordance with the CLASS Provider
Manual, send written notice to the individual or LAR of the
termination, copying the individual's DSA and, if selected, FMSA.
The CMA must include in the notice the individual's right to request
a fair hearing in accordance with §45.301 of this chapter (relating
to Individual's Right to a Fair Hearing).
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