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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 100 – General Provisions P a g e | 29
Effective Month: March 2019 100.04.11 HOLDING THE STATE HEARING In conducting the hearing, the hearing officer will provide the following information to those present: • The hearing will be digitally recorded. This information is made available to the individual upon request. • An explanation of the individual’s rights during the hearing. • That the purpose of the hearing is for the individual to question the agency’s decision and present additional information or evidence. • The reason for the hearing, i.e., the action taken by the regional office which prompted the appeal. • That the case record is available for review by the individual during the hearing.
NOTE: Even though the state hearing officer uses a hearing folder to conduct the hearing, the actual case record must be available for review by the individual before, during or after the state hearing. • The final hearing decision will be rendered by the Executive Director of the Mississippi Division of Medicaid based on the facts presented at the hearing and the case record material and that the individual will be notified by letter of the final decision. During the hearing the individual will be allowed an opportunity to make a full statement concerning his appeal and will be assisted, if necessary, in disclosing all information on which the claim is based. All persons representing the applicant or recipient and those representing the regional office will have the opportunity to state all facts pertinent to the appeal. When all information has been presented, the hearing officer will close the hearing.
100.04.12 RECESSING OR CONTINUING A STATE HEARING If additional information is determined to be needed during the state hearing, the hearing officer may recess or continue the hearing as follows: