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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 100 – General Provisions P a g e | 18 Effective Month: March 2019 Withdrawn or Abandoned Hearings The hearing process is initiated by a documented request. The request for hearing can be withdrawn by the individual using any of the methods for requesting a hearing – in person, via mail, by telephone, or by other electronic means, i.e., fax, email, or online via common web portal. A state or local standard or expedited hearing request may be withdrawn at any time prior to the scheduled hearing or after the hearing is held, but before a decision is rendered. For telephonic, online, and other electronic withdrawals, the agency must send the affected individual written confirmation via regular mail or electronic notification in accordance with the individual’s communication preference election. A hearing request will be considered abandoned if the appropriate individual fails to appear or is unavailable for a scheduled hearing without good cause. If no one is available for a hearing, the appropriate office will notify the individual in writing that the hearing is dismissed unless good cause is shown for not attending. Following failure to appear for a hearing, the proposed adverse action will be taken on the case if the action is not already in effect. Rights of the Individual The individual has the following rights in connection with a local or state hearing: • The right to examine at a reasonable time before the date of the hearing and during the hearing the contents of the individual’s case record. • The right to have legal representation at the hearing and to bring witnesses. • The right to produce documentary evidence and establish all pertinent facts and circumstances concerning eligibility. • The right to present an argument without undue interference and to question or refute testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses.