Legal Aspects Manual

0130.015.20 Exceptions to Advance Notice of Adverse Action

An Adverse Action Notice is not required in the following instances for:

  • All programs
    • The FSD receives factual information confirming the death of all members of the EU.
    • Contact with another state verifies the EU is eligible and is or will receive benefits from the other state.
    • Voluntary written request for closings or reductions in program benefits by the EU
      • Accept a mailed written statement signed by the EU voluntarily requesting the discontinuation of benefits, or
      • Give the EU the opportunity to complete the Waiver of 10-day Advance Notice (IM-80A) form any time a change of circumstances is reported that requires a notice of reduction or discontinuation of assistance, and the EU chooses to have the change effective immediately.
  • Child Care Subsidy
    • Child Care Subsidy eligibility period ends.
  • Temporary Assistance and MO HealthNet
    • Admission of the EU into an institution where assistance may not be continued.
    • Mail returned by the Post Office indicating no known forwarding address and the current address or location of the EU is unknown. Staff shall document attempts to contact the customer to attempt to secure a valid mailing address prior to closing a case.

      NOTE: This does not apply to the Temporary Assistance program regarding mailings from Missouri Work Assistance providers. See section 0130.020.70.30 Missouri Work Assistance (MWA) Hearings for more information.

  • Temporary Assistance
    • Removal of a child or children from an EU by judicial determination, when it does not result in a grant reduction.

      NOTE:  If the removal of a child or children results in the case closing, a Notice of Adverse Action is necessary, because the benefits to the caretaker and/or the payee are adversely affected.

  • MO HealthNet
    • Transfers from one assistance program to another with no break in coverage, or resulting in increased benefits for the claimant¬†

      EXAMPLE: EU receiving MO HealthNet for the Aged, Blind, and Disabled Vendor care does not lose benefits when transferred to Supplemental Nursing Care as they continue to receive MO HealthNet benefits and will get the additional benefit of the cash grant.

    • The notice involves an adverse determination made with regard to the preadmission screening requirements of section 1919(e)(7) of the Act.

      EXAMPLE:  DA124 determination that is completed for a person entering a vendor facility.

    • An EU receiving vendor payments in a State Mental Hospital transfers to an NF or ICF-MR.
    • An EU, sixty-five years or over receiving NF or ICF-MR transfer to a State Mental Hospital.
    • When the EU is residing in a facility and the State terminates the facility’s participation in the MO HealthNet program. (The EU’s MO HealthNet eligibility continues. The EU will need to move to a participating facility to continue to receive benefits.)