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UNOFFICIAL 1703.1-2 (Imp: HRS §§346-12, 346-14(9); 42 C.F.R §431.200)
§17-1703.1-2 Informal Review. (a) An individual may request an informal review of an adverse action from the Med-QUEST Division before or after filing a request for a hearing. However, the individual is not required to seek informal review prior to filing a request for a hearing. (b) When the oral or written request for an informal review is received by the Med-QUEST Division, the individual shall be given the opportunity to discuss reasons for the proposed adverse action and to present information to show that the proposed action is incorrect. Corrective action shall be made as necessary. If this informal review does not result in resolution, and the individual has not filed a request for a hearing, the individual may request a hearing subject to the timeliness limitations for filing requests for hearing as specified in this chapter. (c) During the informal review process, the department may use information regarding an individual obtained by the Health Insurance Exchange. [Eff 09/30/13] (Auth: HRS §346-14(9); 42 C.F.R. §431.202) (Imp: HRS §346-12)
§17-1703.1-3 Right to a hearing. (a) Every individual shall be provided an opportunity for a hearing where an adverse action affects the individual’s eligibility, benefits, services or claims. (b) Every individual shall be provided an opportunity for an expedited hearing in accordance with section 17-1703.1-11, if the time otherwise permitted as described in section 17-1703.1-15 (a)(1) or (a)(2) would jeopardize the individual’s life or health or ability to attain, maintain or regain maximum function. (c) Every individual filing for a hearing shall have the right to submit a written request naming an authorized representative for hearing purposes. The written authorization shall be received by the department before the department acknowledges any action taken by the authorized representative on the individual's behalf. (d) Every individual shall be informed in writing at the time of application denial or adverse