Md. Code Regs. 14.35.11.03 - Opportunity for a Fair Hearing
A. An opportunity for a fair hearing shall be
granted if an applicant claims that:
(1) The
determination or redetermination received from the Exchange of the applicant's
eligibility for enrollment in a qualified health plan is incorrect;
(2) The determination or redetermination
received from the Exchange of the applicant's eligibility for an insurance
affordability program is incorrect; or
(3) The determination or redetermination
received from the Exchange of the applicant's eligibility for enrollment in a
qualified health plan or an insurance affordability program is untimely as set
forth in applicable law.
B. The administrative law judge need not
grant a fair hearing if the sole issue is a federal or State law requiring an
automatic change adversely affecting some or all applicants.
Notes
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A. An opportunity for a fair hearing shall be granted if an applicant claims that:
(1) The determination or redetermination received from the Exchange of the applicant's eligibility for enrollment in a qualified health plan is incorrect;
(2) The determination or redetermination received from the Exchange of the applicant's eligibility for an insurance affordability program is incorrect; or
(3) The determination or redetermination received from the Exchange of the applicant's eligibility for enrollment in a qualified health plan or an insurance affordability program is untimely as set forth in applicable law.
B. The administrative law judge need not grant a fair hearing if the sole issue is a federal or State law requiring an automatic change adversely affecting some or all applicants.