417.09 Fair Hearing (AAM)

417.09 Fair Hearing (AAM)

SR 94-04 Dated 04/94 Previous Policy

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If either spouse is dissatisfied with the resource assessment, either individual may request a fair hearing. The request can be made at the time the institutionalized individual applies for medical assistance or while the individual is a recipient of nursing facility care. The assessment can not be appealed before an application is filed. The following may be appealed:

• Computation of the spousal share;

• Available resources; and

• The determination of the community spouse ’ s resource allowance.