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State of Maryland Medical Assistance Manual Revised April 2014

SUMMARY OF PROCEDURES FOR FAIR HEARINGS

If you are dissatisfied with the decision of the Local Department of Social Services, you have the right to appeal that decision to the Office of Administrative Hearings by writing to:

DHMH Docketing – Unit A Office of Administrative Hearings 11101 Gilroy Road Hunt Valley, Maryland 21031-1301

You may obtain the necessary forms from the local department and if you wish, someone there will assist you in filing an appeal. Your appeal must be filed within 90 days from the notice date on the other side of this letter. If you request a hearing within 10 days of the date of this notice, your Medical Assistance benefits may continue until a decision is issued on your case. However, if you receive extended benefits pending a decision on your appeal and the Administrative Law Judge decides that the decision of the Local Department of Social Services was correct, you will be required to pay back the amount the Department paid for medical services you received during the appeal process. This will not be required if it is determined that your request for a hearing resulted from a bonafide belief that the decision of the Local Department of Social Services was in error.

The appeal hearing will be scheduled by the Office of Administrative Hearings at a place and time that is convenient to you. You will be expected to be present or, if for some reason you cannot be present, you must notify the Office of Administrative Hearings of the identity of the person who will attend in your place. You may represent yourself or, if you wish, you may be represented by legal counsel or by a relative, friend or other person although it is not required that someone else represent you. You may bring any witness you desire to help you establish pertinent facts and explain your circumstances. A reasonable number of persons of the general public may be admitted to the hearing if you desire this. At least six (6) days before the hearing, the local department will send you a letter containing pertinent information, including the specific reason for your wanting to appeal. The Hearing Officer will decide whether or not the action of the local department was correct in its interpretation of the law and regulations. This decision will be sent to you as soon as possible, but not later than 90 days after receipt of your request for a hearing, unless there is a delay because you request that the hearing be postponed.

You may obtain free legal aid help through the Legal Aid Bureau in many areas of the State. Consult your telephone directory for the address and telephone number of the Legal Aid Office nearest you, or contact your Case Manager at the Local Department of Social Services for this information. You may also qualify for free legal representation. To see if you qualify, contact the Maryland Volunteer Lawyer Services at 1-800-510-0050.

DHMH 4210 (LTC) – Revised 7/13