Iowa Admin. Code r. 441-7.16
Current through Register Vol. 46, No. 25, May 29, 2024
Rule 441-7.16 - [Effective 7/3/2024] Authorized representatives(1)Regulations. The provisions of this rule only apply to the extent the standards expressed in this rule are not in conflict with other state or federal law.(2)Designation of authority. Legally recognized delegations of authority, such as guardianships, applicable designations of power of attorney, or similar designations, shall be sufficient for a delegate to serve as authorized representative under this chapter. A person who is not designated a legally recognized delegation of authority but who otherwise seeks to act as an authorized representative for an individual in an appeal under this chapter shall provide a written, signed designation of authority to the department with the request for appeal. The designation must provide the scope of the representation, applicable waivers for the release of confidential information, and any temporal or other limitations on the scope of representation. An authorized representative of a party-in-interest only represents the party-in-interest and has no independent right to appeal by virtue of the authorized representative's representation.(3)Written designation. For persons other than attorneys seeking to act as authorized representative of a party-in-interest in a Medicaid managed care appeal, the authorized representative's written designation of authority pursuant to subrule 7.16(2) shall be Form 470-5526, Authorized Representative for Managed Care Appeals. This form is required for all managed care appeals, including those handled through the expedited appeals process. Failure to provide the form or legal documentation may result in denial of the appeal request.(4)Appearance by attorney. Legal counsel appearing on behalf of any person in a proceeding under this chapter shall enter an appropriate written appearance.Iowa Admin. Code r. 441-7.16
ARC 8003B, IAB 7/29/09, effective 9/2/09; ARC 0487C, IAB 12/12/12, effective 2/1/2013; ARC 1261C, IAB 1/8/2014, effective 3/1/2014Amended by IAB September 3, 2014/Volume XXXVII, Number 5, effective 11/1/2014Amended by IAB June 7, 2017/Volume XXXIX, Number 25, effective 7/12/2017Amended by IAB May 9, 2018/Volume XL, Number 23, effective 7/1/2018Amended by IAB October 10, 2018/Volume XLI, Number 8, effective 12/1/2018Amended by IAB March 11, 2020/Volume XLII, Number 19, effective 4/15/2020Amended by IAB June 29, 2022/Volume XLIV, Number 26, effective 9/1/2022Adopted by IAB May 29, 2024/Volume XLVI, Number 25, effective 7/3/2024