Haw. Code R. § 17-1703.1-15 - Hearing decision

(a) All matters relating to the hearing shall be heard and disposed of as follows:

(1) Within ninety (90) calendar days from the date of request for a hearing that is submitted in accordance with section 171703.1-4;

(2) Within forty-five (45) calendar days from the date of an appeal decision by the Health Insurance Exchange involving an earlier determination of Medicaid eligibility; or

(3) As expeditiously as the individual's health conditions requires, but no later than three (3) working days after the department receives the request for an expedited hearing.

(b) Exception to the provision described in subsection (a), shall be when the hearing is continued or the record is held open as specified in section 17-1703.1-12(g). The time limit shall be extended only for the period of the continuance.

(c) Unless the record is held open for additional documentary evidence, after closing the hearing, the hearing officer shall prepare the decision in writing. The decision shall contain a statement concerning the individual's right to judicial review, the reasons for the decision, the evidence, and the rules supporting the decision. A copy of the written decision shall be provided the individual and the department.

(d) The transcript, recording, or an official record containing the substance of the hearing proceedings, together with all papers filed in the proceeding and the hearing officer's decision shall constitute the exclusive record and shall be made available to the individual during normal business hours through the hearing office.

(e) The department shall comply with the hearing decision immediately upon receipt of the decision.

(1) When the hearing decision is favorable to the individual, the department shall promptly make necessary corrections, retroactive to the date the incorrect action was taken, and shall notify the hearing office, in writing, of the action and the date the action was taken.

(2) If the hearing decision is in favor of the individual on the issue involved, but for technical reasons such as computer problems, immediate corrections are not made, the department shall submit a notice to the hearing officer and include a statement of why the department could not immediately comply with the decision.

(3) The hearing officer shall review the notice to assure that the department has correctly complied with the decision.

(f) All hearing decisions shall be accessible to the public, subject to provision of safeguarding public assistance information stated in section 34610, HRS, and the department's confidentiality provisions specified in chapter 17-1702.

Notes

Haw. Code R. § 17-1703.1-15

[Eff 09/30/13] (Auth: HRS § 346-14(9); 42 C.F.R. §431.244) (Imp: HRS § 346-12; 42 C.F.R. §431.244)