23 Miss. Code. R. 208-2.12 - Hearings and Appeals
A. The waiver
person or his/her representative may request to present an appeal through a
local-level hearing, a state-level hearing, or both. The request for a local or
state hearing must be made in writing by the person or his/her legal
representative.
B. The waiver
person may be represented by anyone he/she designates. If the person elects to
be represented by someone other than a legal representative, he/she must
designate the person in writing.
C. The person has thirty (30) days from the
date the appropriate notice is mailed to request either a local or state
hearing. This thirty (30) day filing period is extended if the person can show
good cause for not filing within (30) days.
D. A hearing cannot be scheduled until a
written request is received by either the MDRS or the State Division of
Medicaid office. If the written request is not received within the thirty (30)
days of the NOA, services will be discontinued.
E. At the local hearing level, MDRS issues a
determination within thirty (30) days of the date of the initial request for a
hearing.
F. The person has the
right to appeal a local hearing decision by requesting a State hearing; A State
hearing request must be made within fifteen (15) days of the mailing date of
the local hearing decision.
G. At
the State hearing level, the Division of Medicaid issues a determination within
ninety (90) days of the date of the receipt initial request for a for a State
Fair hearing.
H. The waiver person
or his representative has the following rights in connection with a local or
state hearing:
1. The right to examine at a
reasonable time before the date of the hearing and during the hearing the
contents of the applicant or recipient's case record.
2. The right to have legal representation at
the hearing and to bring witnesses.
3. The right to produce documentary evidence
and establish all pertinent facts and circumstances concerning eligibility.
4. The right to present an
argument without undue interference and to question or refute testimony or
evidence, including an opportunity to confront and cross-examine adverse
witnesses.
I. Services
must remain in place during any appeal process, except when there is a threat
of harm of the person or the service provider.
Notes
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No prior version found.