PM 01-07-10: Appeal Hearing

WAG 01-07-10

A neutral hearing officer appointed by the DHS Secretary or HFS Director conducts the hearing. The Bureau of Assistance Hearings notifies the Family Community Resource Center and the client of the time and place of the hearing.

For most client appeals, DHS conducts the hearing. However, when the appeal involves an action/inaction by HFS staff or agents, such as Bureau of Comprehensive Health Services, Recipient Restriction Unit, HIPP Unit, and DentaQuest, HFS may conduct the hearing. Issues handled by HFS include, but are not necessarily limited to: Alternative Care Services ( PM 06-11 ); Home Health Care ( PM 20-12 ); the In-Home Care/Medicaid Waiver Program ( PM 20-28 ); requests for prior approval for medical/dental items/services ( PM 20-03 ); review of medical bills at client's request ( PM 20-03 ); and the Recipient Restriction Program ( PM 20-05 ).

For appeals of the Community Spouse Asset Allowance (see PM 07-02-22 ), the appeal hearing must be held within 30 days of the date the appeal is filed.

The client or their representative must appear at the scheduled hearing. If the client dies before the hearing is held, a representative may continue with the appeal even if there is no signed statement from the client.

See PM 01-07-13 for payment of childcare expenses needed due to the appeal process.