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COMAR 10.09.24.13

1301 State of Maryland Medical Assistance Manual Revised July 2012 1300.1 Introduction-Hearings The Department shall notify an individual in writing of the right to obtain a fair hearing, the method to obtain the hearing, and that the individual may represent himself/herself or use an authorized representative at a fair hearing. 1300.2 Description of an Authorized Representative of the Appellant in the Fair Hearing Process For the purposes of this chapter, an “Authorized representative” means: 1. The appellant’s spouse or domestic partner; 2. The appellant’s parent if the appellant is a minor; 3. The appellant’s legal guardian, if one has been appointed, or a person who has in good faith filed an application to be appointed the appellant’s legal guardian but who has not yet been appointed the appellant’s legal guardian as of the date required to request a fair hearing under COMAR Regulation 10.01.04 if a copy of the request for guardianship is provided to the Department along with the request for a fair hearing; 4. An individual appointed to make legal or medical decisions on behalf of the appellant pursuant to a validly executed power of attorney if a copy of the power of attorney is provided to the Department; 5. The appellant’s health care surrogate as defined in Health General Article, §5-605, Annotated Code of Maryland; 6. The appellant’s legal counsel, if the counsel files a statement attesting to his/her active, simultaneous and on-going representation of the appellant along with the request for a fair hearing; 7. The personal representative of the estate of the appellant who has been appointed by the State’s Orphan’s Court if a copy of the appointment is provided to the Department along with the request for a fair hearing; 8. Any person the appellant has named in writing where: a. The appointment details the specific issue the appellant wishes to appeal; b. The appointment details that the person only has the authority to pursue the appellant’s appeal rights regarding this specific issue; c. The appointment details that the authority does not extend to any other representation on behalf of the appellant in any other matter; d. The appointment details that the authority shall remain in effect for all levels of the appeal process but shall automatically terminate thereafter; and e. A copy of the appointment of the person signed by the appellant is provided to the Department; 9. Any person who in good faith is acting in the best interest and on behalf of the appellant if: a. The person or the person’s directors, employees, officers or employers, if any, do not have a direct financial interest in the outcome of the fair hearing; and