Md. Code Regs. 07.01.18.07

Current through Register Vol. 51, No. 25, December 13, 2024

Section 07.01.18.07 - Appeal and Grievance Rights, and Nondiscrimination

A. Appeal From LAA Decision.

(1) If the LAA is also the provider, the LAA shall give written notification of the right to and the procedures for requesting and obtaining an administrative hearing to each applicant or recipient of the Program services:

(a) At the time of application; and

(b) Whenever the LAA notifies an applicant or recipient of any action which might deny, suspend, reduce, or terminate service.

(2) The procedures for an administrative hearing are set forth in COMAR 07.01.04.

(3) An applicant or recipient of services is not entitled to Program services while an appeal is pending.

(4) The LAA shall forward to the Department a summary of each decision rendered, including findings of fact for each administrative hearing.

B. Grievance Procedure.

(1) If the provider is a private, nonprofit agency, a for-profit agency, or an entity of local government which is not the LAA, the provider shall give written notification of the right to file a grievance and a procedure by which the grievance may be heard to each applicant or recipient of the Program services:

(a) At the time of application; and

(b) Whenever the provider notifies an applicant or recipient of any action which might deny, suspend, reduce, or terminate service.

(2) The grievance procedure includes:

(a) A notice of the grievance rights and the steps to take to initiate the grievance process;

(b) An opportunity to be heard; and

(c) A written decision by the local program director or designee that:

(i) Affirms or reverses the provider's action, and

(ii) Includes the basis for the decision.

(3) The provider shall forward to the Department and to the LAA a summary of each decision rendered, including findings of fact concerning each grievance heard.

C. Discrimination. The provider is required to observe the antidiscrimination policy in COMAR 07.01.03.

Md. Code Regs. 07.01.18.07

Regulation .07A amended effective August 5, 2002 (29:15 Md. R. 1141)