MANUAL TRANSMITTAL
Arkansas Department of Human Services
Division of County Operations
Policy Directive Issuance Number: MS 92-11
Medical Services Policy Manual Issuance Date: 2-1-99
From: Kenny Whitlock, Director Expiration Date: Until Superseded
Subj: The Computer Matching Act of 1988 – 30 Day Notice Requirement
I. Background
Based on a recent change in Federal law, the Computer Matching and Privacy Act has been amended to no longer require 30-day notices to be given prior to any adverse action taken as a result of a covered computer match.
Effective immediately, the following procedures will be used to verify and take action on information received as a result of a covered computer match.
II. AFDC and Medicaid Only
A. IRS; BENDEX WAGE; BENDEX ERROR MATCHES
For the above matches, independent verification must occur. A 10-day notice requesting verification will be sent to the household. If the information provided results in a closure or a reduction, then a 10-day notice of adverse action will be issued. If the client fails to respond to the 10-day notice requesting verification, the case will be closed at the expiration of the notice period.
B. BENDEX CHANGE; SSI MATCH
For the above matches, information is considered verified upon receipt. A 10-day notice to verify is not necessary; however, the worker will send a 10-day notice of adverse action to the household.
III. Food Stamps
The notice and verification requirements for case actions resulting from matches covered by the Computer Matching and Privacy Act have changed. Now, the language regarding the need to verify information obtained under certain types of computer matches is less stringent. Also, for case closures or allotment reductions resulting from information obtained in a computer match the adverse action notice period has changed from 30 days to 10 days. Two policy sections will be affected by these changes.
In the first paragraph in FSC 2710.1, Verification Under the Computer Matching Act, the first sentence and the first word of the second sentence are to be deleted. The paragraph will now read as follows:
"Due to the acknowledged quality of the information contained in some SDX and BENDEX matches, a household affected by one of these matches must provide verification only if it disagrees with the information. These matches are the BENDEX Change, New SSI Cases, SSI Mismatch and COLA Mismatch (when involving SSI recipients)."
In FSC 2710.2, Notification Requirements Under the Computer Matching Act, each reference to a 30 day notice of adverse action will be changed to a 10 day notice of adverse action. The section will now read as follows.
"For each match covered by the Computer Matching and Privacy Act which results in a case closure or an allotment reduction, a 10 day notice of adverse action is required. The purpose of the notice is to provide the household with the information obtained in the match and to advise the household that they may contest the information if they disagree with it.
For matches where, due to the acknowledged quality of information, verification is not required unless the household disagrees with the information, only a single 10 day notice of adverse action is required.
For matches where independent verification must always be provided, two notices of action are required. The first notice must inform the household of the information received and request that the household respond within 10 days. If the household fails to respond or if the household provides required verification and, as a result, a case closure or an allotment reduction occurs, a 10 day notice of adverse action will be provided."
Each FSC policy holder should make the indicated revisions to these policy sections. Revised policy will be sent at the next opportunity.
Inquiries to: Linda Greer, AFDC Unit, 501-682-8257
Carol McKnight, Medical Eligibility Unit, 501-682-8259
Betty Helmbeck, Food Stamp Unit, 501-682-8284