Kan. Admin. Regs. § 129-7-20

Current through Register Vol. 44, No. 2, January 9, 2025

Section 129-7-20 - Dismissal; limitations

(a) Any state fair hearing may be considered for dismissal before the state fair hearing is convened. The party seeking to dismiss the state fair hearing shall use a written motion to dismiss the state fair hearing. Written motions to dismiss may be submitted in lieu of the department's summary when based on one of the reasons specified in this subsection. Each written motion to dismiss the state fair hearing shall state one of the following reasons and provide evidence, argument, and citations to federal or state law, regulation, policy, or manual that support the reason for dismissal:

(1) The appellant failed to submit a request for a state fair hearing within the timeliness standards specified in 129-7-11.

(2) The appellant failed to state a claim.

(3) The secretary has not taken an action adverse to the appellant.

(4) The secretary reversed its action.

(5) The request for a state fair hearing was submitted by an individual or entity without documentation of authorization from the applicant or beneficiary.

(6) The appellant challenges the validity of or states a disagreement with federal or state law, regulation, or policy. The department shall not submit a written motion to dismiss for a state fair hearing request in which the appellant is challenging an incorrect computation or determination by the secretary using the law, regulation, or policy.

(7) The secretary has taken an action required by federal or state law or regulation, including an automatic or mandated adjustment that is applied to a class of beneficiaries that included the appellant. The department shall not submit a written motion to dismiss for a state fair hearing in which the appellant is challenging an incorrect computation or determination by the secretary using the law, regulation, or policy.

(8) The secretary has taken an action required by the governor of the state of Kansas that is applied to a class of beneficiaries that included the appellant.

(b) Any written motion to dismiss may be filed with the presiding officer by the secretary or the secretary's designee who has been delegated authority to file the motion.

(c) If the motion to dismiss is denied, the presiding officer shall file notification of the denial.

(d) If the secretary seeks to dismiss a state fair hearing on the basis that the action being appealed is based on federal or state law, regulations, or policy, including an action based upon changes in federal or state law, regulations, or policy, and the action taken by the secretary shall result in the termination, suspension, or reduction of medical assistance, including previously authorized and ongoing covered services, medical assistance shall continue until a decision concerning the request for dismissal is rendered.

Kan. Admin. Regs. § 129-7-20

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.