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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 100 – General Provisions P a g e | 33
Effective Month: March 2019 accordingly. If granted, the hearing must be held and a decision issued within the timeframe allowed, i.e., 7-working days. o The action taken on the case was correct and all needed verifications are present in the record. If not, immediate corrective action is needed, and the individual so notified. o Continuation of benefits is authorized, if applicable. o That the case is assigned to the correct staff person who will schedule and hold the local hearing or that a state hearing request is correctly and promptly processed. • Each regional office is responsible for all activities involved in the local hearing process and for taking appropriate action on the case at the end of the hearing process in a timely manner as outlined in the chart below.
100.04.18 TIMELINESS OF HEARING ACTIONS – RO RESPONSIBILITIES Step 1. Determine timeliness of hearing request o All hearing requests have 30 days from date on the notice to request a hearing. o Terminations have 15 days from date on notice to have benefits continue and 30 days from the date on notice to request a hearing. o An expedited hearing request is subject to a 7-day timeframe for scheduling and holding the hearing and issuing a decision provided the request, oral or written, is received within 30-days from date on the notice. If continuation of benefits applies, an expedited hearing is not granted. o If hearing is not requested timely and there is no evidence to support the notice not being received within the advance notice period, issue written notice to the client that the hearing request will not be honored because time to request hearing expired. A new application would be required to appeal. o The agency has 90 days from the date of the hearing request to schedule, conduct and finalize a hearing. RO’s must handle hearing requests promptly, as soon as received, to ensure the hearing timelines described below are met.