Ariz. Admin. Code § 9-34-101

Current through Register Vol. 30, No. 25, June 21, 2024

Section R9-34-101 - Application of Chapter

A. This Article establishes the requirements and process for a petitioner to request a State Fair Hearing regarding an adverse action affecting AHCCCS eligibility.

B. This Article applies to appeals of eligibility determinations made by AHCCCS including determinations for the aged, blind, or disabled (A.A.C. Chapter 22, Article 15), the Arizona Long Term Care System (Chapter 28), the Medicare Cost Sharing Program (Chapter 29), the Medicare Part D Program (Chapter 30), and adverse actions regarding premiums and copayments described in R9-34-102(A)(5). Hearings on these appeals are conducted as described in this Article, A.R.S. § 36-2903.01(B)(4) and the Arizona Administrative Procedures Act in A.R.S. Title 41, Chapter 6.

C. The Arizona Department of Economic Security conducts appeals of eligibility under the procedures in A.R.S. Title 6, Chapter 9 for those eligibility determinations made by the Department including:

1. When the request for a State Fair Hearing is made for an individual whose eligibility is determined using MAGI-based income,

2. When the request for a State Fair Hearing is made on behalf of more than one person in the same household where at least one person's eligibility is based on MAGI-based income,

3. When the request for State Fair Hearing of AHCCCS eligibility is made at or near the same time as a request for the administrative review of an eligibility determination arising from the same facts and circumstances for any other public assistance program administered by the Department of Economic Security.

Ariz. Admin. Code § R9-34-101

New Section made by final rulemaking at 10 A.A.R. 828, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 26 A.A.R. 548, effective 3/5/2020.