Page 13

UNOFFICIAL 1703.1-13 thirty (30) days of the request for hearing. (b) A community spouse may be allowed to maintain income that exceeds the standardized community spouse monthly income allowance when a community spouse's income needs are determined to be greater than the maximum income allowance limit. (c) A community spouse may be allowed to retain resources in excess of the standardized community resource allowance when income generated by those resources does not cause the community spouse's income to exceed the community spouse monthly income allowance. [Eff 09/30/13] (Auth: HRS §346-14; 42 C.F.R. §431.10) (Imp: HRS §346-29; 42 U.S.C. §1396 r- 5)

§17-1703.1-15 Hearing decision. (a) All matters relating to the hearing shall be heard and disposed of as follows: (1) Within ninety (90) calendar days from the date of request for a hearing that is submitted in accordance with section 17- 1703.1-4; (2) Within forty-five (45) calendar days from the date of an appeal decision by the Health Insurance Exchange involving an earlier determination of Medicaid eligibility; or (3) As expeditiously as the individual’s health conditions requires, but no later than three (3) working days after the department receives the request for an expedited hearing. (b) Exception to the provision described in subsection (a), shall be when the hearing is continued or the record is held open as specified in section 17- 1703.1-12(g). The time limit shall be extended only for the period of the continuance. (c) Unless the record is held open for additional documentary evidence, after closing the hearing, the hearing officer shall prepare the decision in writing. The decision shall contain a statement concerning the individual’s right to judicial review, the reasons for the decision, the evidence, and the rules supporting the decision. A copy of the written decision shall be provided the individual and the department. (d) The transcript, recording, or an official record containing the substance of the hearing