Current through December 10, 2024
Rule 23-300-2.7 - All Hearing RequestsA. All hearing requests may initially be written, oral, or made in-person at a regional office.B. Written Hearing Requests 1. A simple statement requesting a hearing that is signed by the applicant/beneficiary or the applicant/beneficiary's legal representative is sufficient.2. The written request may be mailed to the regional office or central office. If the letter does not specify the type of hearing desired, a Medicaid specialist will contact the person making the request to determine whether a local or a state hearing is being requested. If contact cannot be made within three (3) days of receipt of the hearing request, the regional office will assume a local hearing is requested and schedule accordingly.3. If the hearing involves an issue that requires that a state hearing be held or if a state hearing is requested, the request will be forwarded to the Office of Administrative Appeals.C. When an oral request is made, the regional office specialist will fill out a DOM 350, Request for Local Hearing, or DOM 352, Request for State Hearing, on the applicant or beneficiary's behalf and begin the Hearing Request process.D. Hearing Requests Made in Person 1. The applicant/beneficiary may come to the regional office or meet with a Medicaid specialist in person to request a hearing. The specialist must determine what level of hearing, local or state, is desired.2. If a state level hearing is required as noted in Part 300, Chapter 2, Rule 2.4, this will be explained to the applicant/beneficiary. Otherwise, if the applicant/beneficiary is unsure of the type hearing desired, the Medicaid specialist will explain the difference between the two levels of appeal and explain a state hearing may still be available if the local hearing decision is not favorable.3. The Medicaid specialist will assist the applicant/beneficiary in completing the appropriate form, DOM 350, Request for Local Hearing, or DOM 352, Request for State Hearing, whichever is applicable. If a state hearing is required or requested, the specialist can assist in mailing the request to state office or the applicant/beneficiary may choose to mail it himself/herself.23 Miss. Code. R. 300-2.7
42 C.F.R. Part 431 Subpart E; Miss. Code Ann. §§ 43-13-116, 43-13-117, 43-13-121