Must inform public assistance applicants of unavailability of application website.

Topic: Public Assistance, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2014-01-27 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) violated the due process rights of Petitioner, a Medicaid recipient, when it informed her that she had until November 30, 2013, to file a renewal application on its website, COMPASS, but did not inform her that the website would be down for maintenance from November 27 to December 2, 2013.  As a result of the failure, Petitioner’s renewal was not timely.  Furthermore, DFCS sent Petitioner a termination notice only three days before the expiration of her benefits, instead of the required ten days.  Because advance notice was not given, Petitioner’s benefits should have continued pending the hearing decision.  DFCS was directed to reconsider Petitioner’s review application as if it had been filed in a timely manner and to restore her benefits.