Page 3
UNOFFICIAL 1703.1-3 action: (1) Of the individual's right to a hearing; (2) Of the method for obtaining a hearing; (3) That the individual may present the appeal independently or be represented by an authorized representative such as legal counsel, relative, friend, or any other person of the individual's choice; (4) The availability of interpreter services for a limited English proficient individual; and (5) Auxiliary aids for an individual with disabilities. [Eff 09/30/13] (Auth: HRS §346-14(9); 42 C.F.R. §431.206) (Imp: HRS §346-12; 42 C.F.R. §431.206)
§17-1703.1-4 Action on request for hearing. (a) An individual shall submit a hearing request: (1) By telephone; (2) Via mail; (3) In person; or (4) Through other commonly available electronic means. (b) The Med-QUEST Division must receive a hearing request within ninety (90) calendar days of the date of the notice for: (1) Eligibility related decisions; (2) Fee-for-service program coverage decisions; and (3) Managed care health plan coverage decisions after completion of the managed care health plan’s grievance and appeals process. If the ninetieth (90th) day falls on a weekend or holiday, the ninetieth day shall then be the first working day following the weekend or holiday. (c) Upon receipt by the hearing office, the request shall be date stamped and immediately forwarded to the Med-QUEST Division to: (1) Determine whether the request was received within the period specified in this section; (2) Enter the individual’s name, case number, and date received; (3) Verify the authority of a court appointed guardian filing on behalf of an individual through appropriate court documents. (d) If the hearing request was not filed within ninety (90) calendar days of the date the notice was sent to the individual as