1617 Fair Hearing Decision and Request for Review

Official source

A fair hearing decision (the initial order) shall be rendered by the hearing officer no later than 90 days after receipt of the request on a Request for Administrative Hearing form or similar document. The decision is sent to the client and the KanCare Clearinghouse.

As stated in the initial order, both the responsible agency and the client/responsible party have the right to request a review of the initial order. The KDHE-DHCF State Appeals Committee reviews the decision of the hearing officer. The request for review is made to the State Appeals Committee. The request must be made within 18 days of the date of the initial decision (15 days from the date the initial order was served plus 3 days mailing time for a total of 18 days). A rehearing may also be requested within 18 days of the initial decision.

Assistance shall be continued at its prior level if an agency-level review is requested and shall continue at this level until a decision is rendered by the appropriate authority. However, final implementation of the order may be delayed pending the outcome of the agency-level review. See 1618 .

The decision of the agency-level review is final and binding upon the client and the agency on the date of the decision. This is true even if the matter is appealed to the District Court. Assistance shall not continue at its prior level following the agency-level decision of the State Appeals Committee unless there is a court order to the contrary.

loading…

1617 Fair Hearing Decision and Request for Review

Official source

A fair hearing decision (the initial order) shall be rendered by the hearing officer no later than 90 days after receipt of the request on a Request for Administrative Hearing form or similar document. The decision is sent to the client and the KanCare Clearinghouse.

As stated in the initial order, both the responsible agency and the client/responsible party have the right to request a review of the initial order. The KDHE-DHCF State Appeals Committee reviews the decision of the hearing officer. The request for review is made to the State Appeals Committee. The request must be made within 18 days of the date of the initial decision (15 days from the date the initial order was served plus 3 days mailing time for a total of 18 days). A rehearing may also be requested within 18 days of the initial decision.

Assistance shall be continued at its prior level if an agency-level review is requested and shall continue at this level until a decision is rendered by the appropriate authority. However, final implementation of the order may be delayed pending the outcome of the agency-level review. See 1618 .

The decision of the agency-level review is final and binding upon the client and the agency on the date of the decision. This is true even if the matter is appealed to the District Court. Assistance shall not continue at its prior level following the agency-level decision of the State Appeals Committee unless there is a court order to the contrary.