Guam Administrative Code

§ 1201. Authority and Responsibility . (a) Program Authority and Coverage. The authority to formulate rules of procedures for investigations against individuals suspected of food Stamp Program abuse and misuse is derived from Public Law 15-35, specifically, Sections 9131 and 9132…

§ 1202. Conducting the Investigation and Referral of Same . (a) Review and Designation. (1) IRSS Supervisor Reviews and Designates Investigations. All complaints received by the Investigative and Recovery Services Section shall be routed to the Investigative and Recovery Services…

§ 1203. Conducting Administrative Disqualification Hearing . If a case is filed for an administrative disqualification hearing the following steps shall be taken: (a) Coordination with Hearing Official and Scheduling of Hearing. IRSS staff designated for administrative support to…

§ 1204. Referral of Cases for Prosecution. (a) IRSS Supervisor Determine Appropriate Cases. The IRSS Supervisor shall determine appropriate cases for referral for D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 73 prosecution based on any one or a combination of any o…

§ 1205. Implementation of Decisions . (a) Administrative Disqualification Hearing Decision. If the hearing authority handed down a decision, whether in favor of the suspected individual or the Department and the notice of decision has been returned to the Investigative and Recove…

§ 1206. Fair Hearing. (a) Fair Hearing Procedures. (1) Rights to a Fair Hearing. Unless the household has already had a fair hearing on the amount of the claim as a result of consolidation of the administrative disqualification hearing with the fair hearing; the household member …

§ 1207. Collection of Claims Against Households. (a) Inadvertent Household Error and Agency Error Claims. The IRSS shall initiate collection actions on all inadvertent household or administrative error claims, unless the claim is collected through offset and other conditions as d…

§ 1208. Method of Collecting Payments . (a) Methods of Collection. IRSS shall collect payments for any claims against household as follows: (1) Lump sum. (2) Partial payment and the rest in monthly installments. (3) In installments. (b) The household may make payments in cash, mo…

§ 1209. Procedures For Reduction of Food Stamp Allotment. (a) The IRSS may collect payments for inadvertent household error claims and intentional program violation claims from households currently participating in the program by reducing the household’s food stamp allotment. (b)…

§ 1210. Claims Discharged Through Bankruptcy. The Department shall act on behalf of, and as, FNS in any bankruptcy proceeding against bankrupt households owning food stamp claims. The Department shall possess any rights, priorities, interests, liens or privileges, and shall parti…

§ 1211. Interstate Claims Collection. In cases where a household moves out of Guam, the Department shall initiate or continue collection action against the household for any over issuance to the household which occurred while it was under the Department’s jurisdiction. IRSS, upon…

§ 1212. Submission of Payments FNS-209. (a) The Department shall retain the value of funds collected for inadvertent household error, intentional program violation, or D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 85 administrative error claims. This amount includes…

§ 1213. Returned Coupons. (a) Inter-Departmental Agreement. The inter-departmental agreement between the Department of Public Health and Social Services and the Department of Administration established a system and procedures for receipts, accounting and control of all payments o…

§ 1214. Accounting of Claims. (a) IRSS shall establish and maintain a system to account for all claims against households. This system shall insure a complete documentation of each claim from the time it is submitted as a complaint to its final disposition. (1) Claim File. Each c…

§ 1215. Reporting of Disqualified Individuals . (a) Department to Report. The Department shall report to FNS those individuals disqualified for intentional program violation, individuals who signed consent agreements and D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES…

§ 1216. Forms. IRSS Form 1 Case Investigation IRSS Form 2 Request for Case Review IRSS Form 3 Advance Notice of Your Administrative Disqualification Hearing IRSS Form 4 Advise of Option to Sign a Waiver of Rights to an Administrative Disqualification Hearing. IRSS Form 5 Action T…

§ 1301. Definition of Services. Adoption services can generally be defined as an option means and alternative for children who do not have the opportunity for a permanent home and familial relationship with their natural parents and wherein stable, nurturing, permanent family tie…

§ 1302. Intent of the Law. (a) According to 19 GCA § 4201 and Public Law 13-133, the purpose of the adoption law is: “to protect and promote the welfare of children, natural parents and adoptive parents and thereby promote the welfare of the Territory of Guam.” (b) The law, there…

§ 1303. Adoption as Permanency Plan. A child shall be placed for adoption only upon a determination of either one of the following: (a) Parent(s) relinquishing or giving child up for adoption. (b) Court/agency determining that adoption is an appropriate goal to meet the physical …

§ 1304. Assurances and Range of Services. (a) Services provided by the department shall thus: (1) Insure that the rights of the legal parents are respected. (2) Insure that the best interests of the child are protected. (3) Insure that the adoptive parents are able to provide sui…

§ 1305. Pre-Placement Services. The caseworker assigned to the parents of the child to be adopted shall be responsible for the following: (a) Counseling parent(s) to help them make a free and voluntary decision. (b) Counseling parent regarding the service alternatives to relinqui…

§ 1306. Evaluative Study of the Child. An evaluative study of the child’s needs and potentialities shall be conducted to: (a) Understand the child and assess the health, physical and personality characteristics, current development and special needs. (b) Determine whether the chi…

§ 1307. Recruitment of Adoptive Parents. (a) The Agency shall recruit, study and approve adoptive applicants for children in need of adoption. (b) Information about the Department’s adoption program shall be provided by the intake worker to all who make such requests. (c) The Age…

§ 1308. Selection of Adoptive Parents - Adoption Screening Committee. (a) Purpose: The Adoption Screening Committee (ASC) has the responsibility of reviewing adoption applications and eventually selecting adoptive parents for each child legally available for adoption and/or given…

§ 1309. Voluntary Termination of Parent- Child Relationship. (a) A parent, or parents, may voluntarily consent to the relinquishment of a child and termination of their parental rights for the purpose of adoption. (b) Parent(s) requesting such services should be provided with cou…

§ 1310. Preparation For Placement . (a) Placement of a child in an adoptive home shall be made only after the child and the adoptive parents are prepared for it. (b) The social worker shall prepare the following persons for placement: (1) The Child: Except for infants, preparatio…

§ 1311. Post-Placement Services or Removal . (a) After the child is placed in an adoptive home, there shall be a supervisory period of up to one (1) year prior to the consummation of the adoption, during which time the Department shall give supportive assistance to the adoptive p…

§ 1312. Court-Referred Adoption Studies. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 102 (a) Provision of Services: The Department shall accept orders from the court to conduct an adoption home study for a child who is already in an adoptive home but who was not p…

§ 1313. Annual Audit of Records of Adoption Agency. (a) Within one hundred eighty (180) days of the enactment of this Section, and annually thereafter, the Guam Department of Public Health and Social Services shall audit the records of an agency which provides adoption services i…

§ 1401. Program Requirements. To be eligible for coverage for the Maternal Child Health Program maternity care services, the client must be a resident of Guam who applies for and qualifies for services as determined by the MCH Program eligibility standards according to the follow…

§ 1402. Income Asset Limitations . The following chart indicates the monthly income and resource limitations of all immediate family members (husband, wife and children). Liquid resources shall include: cash on hand, check or savings account amount, stocks or bonds, shares in cre…

§ 1403. Application. The client can apply anytime during her pregnancy. She is required to complete the information and data sheet as required by the MCH Program and consent for release of information on cases denied for MIP.

§ 1404. Eligibility Periods. Eligibility period shall cover the present prenatal period (starts on the first prenatal visit) to postpartum (6 weeks after delivery).

§ 1405. Issuance of MCH Program Authorization Card. An MCH Program Authorization Card will be issued to the prenatal patient. The authorization card will indicate the authorization period coverage and name of authorized physician.

§ 1406. Selection of Physician. The MCH Office will designate the attending physician from D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 110 a list of physicians contracted by the MCH Program. Selection of physician will be based on the next physician on the list. D…

§ 1501. Memorandum of Understanding. For the purpose of legally entering a Memorandum of Understanding (MOU) authorizing the Department of Revenue and Taxation (DRT) to offset tax refund due the clients who owe the Department of Public Health and Social Services (DPH&SS) of over …

§ 1601. Legal Authority

§ 1602. Purpose . The Catastrophic Illness Assistance Program (CIAP) is designed and intended to assist families and individuals unable to afford the cost of medical treatment of a catastrophic illness. The purpose of these rules and regulations is to ensure that the intent of th…

§ 1603. Definitions . (a) Applicant means the member of the household whose injury or illness has resulted in the expenditures for medical care for which assistance is sought. (b) Department means the Department of Public Health and Social Services. (c) Director means the Directo…

§ 1604. Types of Treatment . (a) General. CIAP covers only medically necessary treatment of a catastrophic illness or injury, and only if that treatment is performed by licensed medical professionals in an approved medical facility. (b) Scope of Medical Coverage. CIAP covers all …

§ 1605. Eligibility . (a) An application is eligible for CIAP if he or she is a resident of Guam, and (1) has incurred thirty thousand dollars ($30,000) or more in costs for hospitalization and medical care over and above any medical insurance, Medicare, or Medicaid coverage or (…

§ 1606. Income and Resource

§ 1607. Household Liability

§ 1608. Application and Coverage. (a) Application. An application form for CIAP must be filed with the Department. The applicant shall be responsible for the truth of all statements provided in the application. The application may be filed by the head of household, spouse, or som…

§ 1609. Penalty for Fraudulent Actions. Any individual receiving assistance to which he is not entitled due to false declarations or misrepresentations shall be liable for repayment of paid medical claims incurred by any member of the household and may be prosecuted for misdemean…

§ 1610. Effective Date. These regulations shall apply to any applicant seeking assistance for medically related expenses incurred exclusively after October 1, 1992.

§ 1611. Severability NOTE: Rule-making authority cited for the formulation of regulations for the Catastrophic Illness Assistance Program by the Department of Public Health. Check with DPH&SS for the latest Rules for this program as there have been a number of legislative changes…