Ariz. Admin. Code § R9-22-1441 - Eligibility Appeals

A. Adverse actions. An applicant or member may appeal by requesting a hearing from the Department concerning any of the following adverse actions:

1. Complete or partial denial of eligibility under R9-22-1413;

2. Suspension, termination, or reduction of AHCCCS medical coverage under R9-22-1415;

3. Delay in the eligibility determination beyond the time-frames under this Article;

4. The imposition of or increase in a premium or copayment; or

5. The effective date of eligibility.

B. Notice of Adverse Action. The Department shall personally deliver or send, by regular mail, a Notice of Adverse Action to the person affected by the action. For the purpose of this Section, the date of the Notice of Adverse Action shall be the date of personal delivery to the applicant or the postmark date, if mailed.

C. Automatic change and hearing rights.

1. An applicant or a member is not entitled to a hearing if the sole issue is a federal or state law requiring an automatic change adversely affecting some or all recipients.

2. An applicant or a member is entitled to a hearing if a federal or state law requires an automatic change and the applicant or member timely files an appeal that alleges a misapplication of the facts to the law.

Notes

Ariz. Admin. Code § R9-22-1441

New Section made by final rulemaking at 11 A.A.R. 4942, effective December 31, 2005 (Supp. 05-4).