Page 118

MS 0510 (1) Volume 1 - General Administration MS 0510 - R. 7/1/25 - OMTL-674 Recommended Order After completion of the hearing, the hearing officer drafts a recommended order. For Medicaid (MA), State Supplementation, Kentucky Transitional Assistance Program (KTAP), Kinship Care (KC), Kentucky Works Program (KWP), Family Assistance Short Term (FAST), and Child Care Assistance Program (CCAP) hearings, the recommended order is not the final order; therefore, action is not taken on the case until a final order is received. For Supplemental Nutrition Assistance Program (SNAP) related hearings, recommended orders will become the final order if no exceptions are taken, after the 15th day from the mail date of the recommended order. A. The hearing officer: 1. Reviews all evidence and drafts a recommended order. A recommended order: a. Summarizes the facts of the case; b. States the reason for the recommended order; c. Identifies the supporting evidence and the pertinent Operation Manual sections; and d. Cites pertinent state and federal regulations. 2. Ensures that the recommended order complies with federal and state law or regulation and is based on the hearing record. 3. Mails a copy of the recommended order for review to: a. The individual; b. The individual’s representative, if one was present at the hearing; and c. The Department for Medicaid Services (DMS), if the issue involved patient status in a skilled nursing home. 4. Uploads the recommended order to the Hearings Module, creating a task for the Hearings Public Assistance Program Specialist (PAPS) to review the order and take appropriate action. B. If at the hearing, the individual presents new medical evidence which may affect the determination of incapacity, disability or good cause the hearing officer will issue an Interim Order sending the case back to the Medical Review Team (MRT) for a redetermination using the new medical information. The hearing record will be held open for 30 days. Refer to MS 0465. C. The recommended order is reviewed by the parties listed in item A.3 and A.4. The parties have 15 calendar days from the mail date indicated on the recommended order to review and file any exceptions and/or rebuttals. Exceptions or rebuttals filed after the 15th calendar day are disallowed. 1. If the Agency determines that no exception is required in response to a denied Administrative Disqualification Hearing (ADH) or Fair Hearing