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COMAR 10.09.24.15

1531

State of Maryland Medical Assistance Manual Revised July 2012 HOW TO HAVE A HEARING IF YOU THINK WE ARE WRONG

What do I do if I think your decision is wrong?

Call the telephone number on the other side of this notice to ask for a conference.

Request a hearing by:

Calling 1-800-332-6347 or the telephone number on the other side of this notice and requesting a hearing; or

Visiting your local department office and requesting a hearing; or

Mailing or giving a request for a hearing in writing to:

Your local department office; or

The following address:

If you don’t want to fill out the form to request the hearing:

Come to your local department office. We will help you.

Call your case manager at the telephone number on this notice or call 1-800-332-6347.

How long do I have to request a hearing?

You must ask for a hearing no later than 90 days after the date of this notice.

How long can I still get my benefits while I wait for my hearing?

If you ask for a hearing no later than 10 days after the date of this notice and you were getting benefits, you can continue to get your benefits while you wait.

Will I owe any money if I get my benefits while I wait?

If the judge agrees with us and you lose your appeal, you may have to pay back benefits. This might not be required if it is determined that your request for a hearing resulted from a bona fide belief that the department‟s decision was in error.

When and where will the hearing be?

The Office of Administrative Hearings will send you a notice telling you the time and place of your hearing.

Do I have to come to the hearing?

Yes. You will lose if you do not come. If you can‟t come, tell the Office of Administrative Hearings and they will reschedule your hearing.

Can I bring someone to help me or speak for me?

Yes. You can bring a lawyer, friend, or relative. If you want free legal help, call your local department or call Legal Aid at 1- 800-999-8904. To see if you qualify for free legal representation, call the Maryland Volunteer Lawyer Services at 1-800-510- 0050.

How can I prepare for the hearing?

You can see your file, including your computer file, at your local department and talk with us about this decision. Please call the telephone number on the other page to make an appointment. We will send you our reasons for the decision that you are appealing, at least 6 days before your hearing.

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