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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 100 – General Provisions P a g e | 30
Effective Month: March 2019 Recessing the Hearing If additional information is needed and this information is readily available, the hearing officer will recess the hearing for the time required to obtain the facts.
Continuing the Hearing If the information needed is not readily available, the hearing officer will continue the hearing to a suitable later date. If the time at which the information will be obtained is known, the hearing officer, before adjourning the original hearing, will set the time and place for the continued hearing at the earliest possible date, notifying the principals that there will be no further notice. The hearing officer will reach an agreement with the applicant or recipient and any persons attending on his behalf about bringing the needed information to the continued hearing.
The hearing cannot be extended beyond the time limit for completion of a hearing.
100.04.13 CHANGES WHICH OCCUR DURING THE HEARING PROCESS If the regional office becomes aware of a change in circumstances of the applicant or recipient which will result in an adverse action other than the issue currently under appeal, the individual must be notified in writing. Adverse action notice requirements (10-day notice plus 5 days mailing time) must be met and action taken as follows:
Change Discovered Prior to State Hearing If the state hearing has not yet been held, the individual may choose to have the new adverse action issue incorporated into the current appeal; however, the individual must first request an appeal in the usual manner. If the new hearing request is filed in time for the issue to be considered in the current hearing process, the regional office will notify the hearing officer of the additional issue under appeal. In this instance, the hearing may have to be rescheduled to allow the individual time to prepare for the hearing. Change Discovered During the State Hearing If the change in circumstances is discovered during the actual hearing, the hearing officer will recess the hearing and notify the regional office to send an adverse