Page 41

BAM 600 41 of 50 HEARINGS BPB 2026-014 5-1-2026

BRIDGES ADMINISTRATIVE MANUAL STATE OF MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES

MDHHS policy was appropriately applied. The ALJ issues a final decision unless: • The ALJ believes that the applicable law does not support MDHHS policy. • MDHHS policy is silent on the issue being considered. In that case, the ALJ recommends a decision, and the policy hearing authority makes the final decision. Exception: For MA client eligibility only, if a presiding ALJ believes an MA policy at issue in a given case does not conform with federal or state law, all of the following occur: • The ALJ issues a recommended decision within 20 days of the hearing date. • Copies of the decision are sent to the client, AHR, MDHHS policy hearing authority, MDHHS local office and chief executive officer (CEO) of MDHHS-MSA, all of whom may file exceptions with the ALJ. • The recommendation and exceptions are forwarded by the MDHHS Legal Affairs Administration to the MDHHS CEO through the Michigan Administrative Hearings System for the Department of Community Health. • The MDHHS CEO makes the final decision regarding all recommended decisions. • For Medicaid disability determinations, the ALJ will review the evidence for completeness and responsiveness and generally make a decision based on the evidence admitted into the record as to disability, including evidence the ALJ has obtained directly. MOAHR mails the final hearing decision to the client, the AHR and the local office. In most cases, the client has the right to appeal a final decision to circuit court within 30 days after that decision is received.

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Page 41

Official source

BAM 600 41 of 50 HEARINGS BPB 2026-014 5-1-2026

BRIDGES ADMINISTRATIVE MANUAL STATE OF MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES

MDHHS policy was appropriately applied. The ALJ issues a final decision unless: • The ALJ believes that the applicable law does not support MDHHS policy. • MDHHS policy is silent on the issue being considered. In that case, the ALJ recommends a decision, and the policy hearing authority makes the final decision. Exception: For MA client eligibility only, if a presiding ALJ believes an MA policy at issue in a given case does not conform with federal or state law, all of the following occur: • The ALJ issues a recommended decision within 20 days of the hearing date. • Copies of the decision are sent to the client, AHR, MDHHS policy hearing authority, MDHHS local office and chief executive officer (CEO) of MDHHS-MSA, all of whom may file exceptions with the ALJ. • The recommendation and exceptions are forwarded by the MDHHS Legal Affairs Administration to the MDHHS CEO through the Michigan Administrative Hearings System for the Department of Community Health. • The MDHHS CEO makes the final decision regarding all recommended decisions. • For Medicaid disability determinations, the ALJ will review the evidence for completeness and responsiveness and generally make a decision based on the evidence admitted into the record as to disability, including evidence the ALJ has obtained directly. MOAHR mails the final hearing decision to the client, the AHR and the local office. In most cases, the client has the right to appeal a final decision to circuit court within 30 days after that decision is received.