Kan. Admin. Regs. § 129-7-11
Current through Register Vol. 44, No. 2, January 9, 2025
Section 129-7-11 - Request for state fair hearing; timeliness(a)(1) For each request for a standard state fair hearing by an applicant or beneficiary under this article of the division's regulations to be considered timely, the request shall be received by the secretary or the secretary's designee for the state fair hearing within 30 days from the date of the written notice of action. If the 30th day falls on a non-business day for the state, the time period for receipt of a request for a state fair hearing shall be extended to the next business day on which the department is open for business. Three days shall be added to the 30-day response period if the notice is served by U.S. mail or electronic means. If the third day falls on a non-business day for the state, the time period shall be extended to the next business day on which the department is open for business.(2) The presiding officer shall issue an initial order in a standard state fair hearing within 90 days from the date the presiding officer receives a request for a state fair hearing, except when the presiding officer allows an extension.(b) Any applicant or beneficiary may request an expedited state fair hearing. For each request for an expedited state fair hearing to be considered timely, the request shall be received by the secretary or the secretary's designee for the state fair hearing within 30 days from the date of the written notice of action. If the 30th day falls on a non-business day for the state, the time period for receipt of a request for a state fair hearing shall be extended to the next business day on which the department is open for business. Three days shall be added to the 30-day response period if the notice is served by U.S. mail or electronic means. If the third day falls on a non-business day for the state, the time period shall be extended to the next business day on which the department is open for business. (1) The processing of the state fair hearing request shall be expedited by the department if the department determines that the 90-day time frame ordinarily permitted for a standard state fair hearing decision could jeopardize the individual's life, health, or ability to attain, maintain, or regain maximum function.(2) The time limits specified by binding regulations issued by federal medicaid authorities shall be used by the secretary or the secretary's designee for the state fair hearing in scheduling an expedited state fair hearing. If no binding federal regulations have been promulgated or the binding federal regulations have been promulgated but are currently not effective, the expedited state fair hearing shall be scheduled as expeditiously as possible by the presiding officer as required by 42 C.F.R. 431.244(f)(3), as in effect on February 8, 2023, which is hereby adopted by reference.(3) The presiding officer shall issue an initial order following an expedited state fair hearing as expeditiously as possible as required by the secretary.(c) Any applicant or beneficiary may submit an oral or written request for a standard or expedited state fair hearing to the secretary. Oral, telephonic, or electronic requests for a standard or expedited state fair hearing may not be submitted to the secretary's designee for the state fair hearing.(d) Any request for a standard or expedited state fair hearing made by telephone or other electronic means and received by the secretary during normal business hours may be accepted as a valid request for a standard or expedited state fair hearing by the secretary if the request and proof of receipt by the secretary are documented, dated, and reduced to writing. The date and time of the telephonic or electronic request for a standard or expedited state fair hearing shall be used to determine the timeliness of the request even if there is a delay by the secretary in reducing the request to writing. Oral, telephonic, or electronic requests for a standard or expedited state fair hearing may not be submitted to the secretary's designee for the state fair hearing.(e) Each request for a standard or expedited state fair hearing shall be forwarded by the secretary to the secretary's designee for the state fair hearing within one business day of receipt.(f) If a written request for a standard or expedited state fair hearing is received by the secretary or the secretary's designee for the state fair hearing, the request shall be date-stamped by the secretary or the secretary's designee when received as proof of receipt. The timeliness standards specified in subsections (a) and (b) shall apply with the date of receipt by the secretary or the secretary's designee being used to determine the timeliness of the request.(g) If an applicant or beneficiary sends a written request for a standard or expedited state fair hearing directly to the secretary's designee for the state fair hearing, the timeliness standards specified in subsections (a) and (b) shall apply, with the date of receipt by the secretary's designee being used to determine the timeliness of the request.(h) If the request for a standard or expedited state fair hearing is not received within the response periods specified in subsections (a) and (b), the request shall be deemed untimely and shall be dismissed.(i) The presiding officer shall issue an initial order on a standard or expedited state fair hearing request within the time limits specified in subsections (a) and (b), unless one of the following conditions is met: (1) The presiding officer cannot reach a decision because the appellant requests a delay or fails to take a required action.(2) There is an administrative or other emergency beyond the control of the presiding officer or the secretary. The presiding officer shall document the reasons for any delay in the appellant's record.Kan. Admin. Regs. § 129-7-11
Authorized by and implementing K.S.A. 65-1,254 and 75-7403; adopted by Kansas Register Volume 43, No. 50; effective 12/27/2024.