Ariz. Admin. Code § R9-34-101 - Application of Chapter
A. This
Article establishes the requirements and process for a petitioner to request a
State Fair Hearing regarding an adverse action affecting AHCCCS eligibility.
B. This Article applies to appeals
of eligibility determinations made by AHCCCS including determinations for the
aged, blind, or disabled (A.A.C. Chapter 22, Article 15), the Arizona Long Term
Care System (Chapter 28), the Medicare Cost Sharing Program (Chapter 29), the
Medicare Part D Program (Chapter 30), and adverse actions regarding premiums
and copayments described in
R9-34-102(A)(5) .
Hearings on these appeals are conducted as described in this Article, A.R.S.
§
36-2903.01(B)(4) and the Arizona Administrative Procedures
Act in A.R.S. Title 41, Chapter 6.
C. The Arizona Department of Economic
Security conducts appeals of eligibility under the procedures in A.R.S. Title
6, Chapter 9 for those eligibility determinations made by the Department
including:
1. When the request for a State
Fair Hearing is made for an individual whose eligibility is determined using
MAGI-based income,
2. When the
request for a State Fair Hearing is made on behalf of more than one person in
the same household where at least one person's eligibility is based on
MAGI-based income,
3. When the
request for State Fair Hearing of AHCCCS eligibility is made at or near the
same time as a request for the administrative review of an eligibility
determination arising from the same facts and circumstances for any other
public assistance program administered by the Department of Economic
Security.
Notes
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