Rule 23-300-2.18 - State Hearing ProcedureA. A state hearing is assigned to an impartial hearing officer. The hearing officer has not been involved in any way with the action or decision prior to being assigned the appeal at the state level. The hearing officer: 1. Reviews the local office's action;2. Schedules the hearing;3. Holds the hearing and provides the following explanations to those in attendance: a) The hearing will be recorded, and a copy of the recording made available to the applicant/beneficiary upon request,b) The reason for the hearing, i.e., the action taken by the regional office which prompted the appeal,c) The applicant/beneficiary's rights, andd) The purpose of the hearing.B. The case record must be available for review by the applicant/representative or representative before, during and/or after the state hearing.C. The final hearing decision will be rendered by the Executive Director of the Mississippi Division of Medicaid based on the facts discussed at the hearing and the applicant/beneficiary or representative will be notified in writing of this decision.D. All persons representing the applicant/beneficiary and those representing the Division will have the opportunity to state all facts pertinent to the appeal.E. If additional information is determined to be needed during the state hearing, the hearing officer may recess or continue the hearing as follows:1. Recessing the Hearing. If additional information is needed and this information is readily available, the hearing officer will recess the hearing for the time required to obtain the facts.2. Continuing the Hearing. If the information needed is not readily available, the hearing officer will continue the hearing to a suitable later date. If the time at which the information will be obtained is known, the hearing officer, before adjourning the original hearing, will set the time and place for the continued hearing at the earliest possible date, notifying the principals that there will be no further notice. If the time at which the information will be obtained is not known, the hearing officer will reach an agreement with the applicant/beneficiary and any persons attending on the applicant/beneficiary's behalf about bringing the needed information to the continued hearing. The hearing cannot be extended beyond the time limit for completion of a hearing.F. If the regional office becomes aware of a change in the applicant/beneficiary's circumstances that will result in an adverse action other than the issue currently under appeal, the applicant/beneficiary must be notified in writing. Adverse action notice requirements must be met and action taken as follows: 1. Change Discovered Prior to State Hearing. If the state hearing has not yet been held, the applicant/beneficiary may choose to have the new adverse action issue incorporated into the current appeal. To do so, the applicant/beneficiary must first request an appeal as detailed in Rules 2.5 through 2.8 of this chapter. If the new hearing request is filed in time for the issue to be considered in the current hearing process, the regional office will notify the hearing officer of the additional issue under appeal. The hearing may have to be rescheduled to allow the applicant/beneficiary time to prepare for the hearing.2. Change Discovered During the State Hearing. If the change in circumstances is discovered during the state hearing, the hearing officer will recess the hearing and notify the regional office to send the appropriate ten (10) day notice. The hearing will be reconvened after the adverse action notice is mailed and the Advance Notice Period has expired. The applicant/beneficiary may choose to include the new issue in the hearing when it is reconvened. The hearing will be reconvened following the usual procedure for setting the time and place.G. After the State Hearing. 1. The final decision of the hearing officer must be based on oral and written evidence, testimony, exhibits and other supporting documents that were discussed at the hearing. The decision cannot be based on any material, oral or written, not available to and discussed with the beneficiary/applicant.2. Following the hearing, the hearing officer will make a written recommendation of the decision to be rendered as a result of the hearing. The recommendation, which becomes part of the state hearing record, will cite the appropriate rule that governs the recommendation.3. The Executive Director of the Division of Medicaid, upon review of the recommendation, proceedings and the record, may: a) Sustain the recommendation of the hearing officer,b) Reject the recommendation,c) Amend and adopt the recommendation, ord) Remand the matter to the hearing officer for additional testimony and evidence, in which case the hearing officer will submit a new recommendation to the Executive Director after the additional action has been taken.4. The decision letter will specify any action to be taken by the agency and any revised eligibility dates. If the decision is adverse and continuation of benefits is applicable, the applicant/beneficiary will be notified of the new effective date of reduction or termination of benefits or services, which will be fifteen (15) days from the date of the notice of decision.5. The decision of the Executive Director of the Division of Medicaid is final and binding. The applicant/beneficiary is entitled to seek judicial review in a court of appropriate jurisdiction.H. Should the applicant/beneficiary file an appeal of an issue that has already been adjudicated without a change in circumstances or agency rule, the appeal will be dismissed as untimely, and the applicant/beneficiary will be notified in writing by the office to which the appeal was made explaining that the appeal cannot be honored. If the applicant/beneficiary's circumstances or agency rule have changed, the applicant/beneficiary will be advised to file a new application.23 Miss. Code. R. 300-2.18
42 C.F.R. Part 431 Subpart E; Miss. Code Ann. §§ 43-13-116, 43-13-117, 43-13-121