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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 100 – General Provisions P a g e | 28
Effective Month: March 2019 State hearings requested after the 15-day advance notice period for the local hearing will not be accepted unless the 30-day period for filing a hearing request has not expired because the local hearing was held early in the 30-day period and there is time remaining.
100.04.09 STATE HEARINGS When a request for a state hearing is received in the regional office, the request will be noted with the receipt date and forwarded to the central office. A copy of the state hearing request will be retained for the case record. The regional office will proceed with preparation of the state hearing folder. The folder must be mailed within five (5) days of receipt of the state hearing request. If the request for a state hearing is submitted directly to state office, notification of the request will be forwarded to the appropriate regional office so the state hearing record can be prepared and sent in. A state hearing is assigned to an impartial hearing officer. Impartial means the hearing officer has not been involved in any way with the action or decision under appeal.
100.04.10 REVIEW BY STATE HEARING OFFICER Upon receipt of the state hearing folder, the hearing officer will review the material submitted. If the review shows an error was made in the action of the regional office or in the interpretation of policy or that there has been a change in policy, the hearing officer will discuss the issue with the Benefit Program Supervisor, over the regional office involved in the hearing and if appropriate, ask that an adjustment be made. The regional office will then discuss this matter with the individual. If the individual is agreeable to the adjustment of the claim, the state hearing request will be withdrawn. Otherwise, if the action of the regional office is in order, the hearing officer will request any additional information from the case record that appears to be needed and will schedule the hearing.