10:71-2.3 Policy and procedure on prompt disposition
(a) The maximum period of time normally essential to process an application for the aged is
30 days; for the disabled or blind, 60 days.
(b) "Date of effective disposition" based upon either administrative or board action means:
1. In the case of an approved application, the effective date of the application. (Either the
date of application, or the date of form PA-1C, whichever is earlier);
2. In the case of a denied application, the date on which written notification informing the
applicant of his or her lack of eligibility and the reason therefor is sent to him or her;
3. In the case of a withdrawn application, the date on which written notification confirming
to the client that the agency has taken cognizance of his or her voluntary withdrawal is sent
to him or her; or
4. In the case of a dismissed application, the date on which written notification informing
the applicant of the dismissal and the reasons therefor is sent to him or her.
(c) It is recognized that there will be exceptional cases where the proper processing of an
application cannot be completed within the 30/60 day period. Where substantially reliable
evidence of eligibility is still lacking at the end of the designated period, the application may
be continued in pending status. In each such case, the CBOSS shall be prepared to
demonstrate that the delay resulted from one of the following:
1. Circumstances wholly within the applicant's control; or
2. A determination to afford the applicant, whose proof of eligibility has been inconclusive,
a further opportunity to develop additional evidence of eligibility before final action on his or
her application; or
3. An administrative or other emergency that could not reasonably have been avoided; or
4. Circumstances wholly outside the control of both the applicant and CBOSS.
(d) When the complete processing of an application is delayed beyond 30 days for the
aged or 60 days for the blind or disabled, written notification shall be sent to the applicant on
or before the expiration of such period, setting forth the specific reasons for delay.
(e) Each county director of welfare shall arrange operational procedures and establish appropriate operational controls within his or her staff organization to expedite the
processing of applications and assure the maximum possible compliance with these
standards.
(f) Control records on the exceptional cases shall disclose at any time the identity of all
applications which have been in pending status beyond normal limits for processing and the
reason therefore. Such record shall be adequate to make possible the preparation of a
report of such information at any time it might be requested by the CBOSS or the Division of
Medical Assistance and Health Services.