Kan. Admin. Regs. § 129-7-20 - Dismissal; limitations
(a) Any
state fair hearing may be considered for dismissal before the state fair
hearing is convened. The party seeking to dismiss the state fair hearing shall
use a written motion to dismiss the state fair hearing. Written motions to
dismiss may be submitted in lieu of the department's summary when based on one
of the reasons specified in this subsection. Each written motion to dismiss the
state fair hearing shall state one of the following reasons and provide
evidence, argument, and citations to federal or state law, regulation, policy,
or manual that support the reason for dismissal:
(1) The appellant failed to submit a request
for a state fair hearing within the timeliness standards specified in
129-7-11.
(2) The appellant failed
to state a claim.
(3) The secretary
has not taken an action adverse to the appellant.
(4) The secretary reversed its
action.
(5) The request for a state
fair hearing was submitted by an individual or entity without documentation of
authorization from the applicant or beneficiary.
(6) The appellant challenges the validity of
or states a disagreement with federal or state law, regulation, or policy. The
department shall not submit a written motion to dismiss for a state fair
hearing request in which the appellant is challenging an incorrect computation
or determination by the secretary using the law, regulation, or
policy.
(7) The secretary has taken
an action required by federal or state law or regulation, including an
automatic or mandated adjustment that is applied to a class of beneficiaries
that included the appellant. The department shall not submit a written motion
to dismiss for a state fair hearing in which the appellant is challenging an
incorrect computation or determination by the secretary using the law,
regulation, or policy.
(8) The
secretary has taken an action required by the governor of the state of Kansas
that is applied to a class of beneficiaries that included the
appellant.
(b) Any
written motion to dismiss may be filed with the presiding officer by the
secretary or the secretary's designee who has been delegated authority to file
the motion.
(c) If the motion to
dismiss is denied, the presiding officer shall file notification of the
denial.
(d) If the secretary seeks
to dismiss a state fair hearing on the basis that the action being appealed is
based on federal or state law, regulations, or policy, including an action
based upon changes in federal or state law, regulations, or policy, and the
action taken by the secretary shall result in the termination, suspension, or
reduction of medical assistance, including previously authorized and ongoing
covered services, medical assistance shall continue until a decision concerning
the request for dismissal is rendered.
Notes
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