80.04 Request for a State fair hearing6

(a) Method for requesting a State fair hearing. An individual, or an authorized representative on behalf of an individual, or a person identified at § 80.02(b), may submit a State fair hearing request: (1) By telephone; (2) Via mail; (3) In person; (4) Through other commonly available electronic means; and (5) Via the internet. (b) AHS’s responsibilities related to a State fair hearing request.7 AHS will: (1) Assist the individual making the State fair hearing request, if requested; (2) Not limit or interfere with the individual’s right to make a State fair hearing request; and (3) Consider a State fair hearing request to be valid if it is submitted in accordance with § 80.03 and paragraphs (a) and (c) of this subsection § 80.04. (4) Prior to referring an individual’s request for a State fair hearing to the Human Services Board, AHS may take up to 15 days to review the individual’s appeal, and if AHS determines that the individual is entitled to relief, AHS will grant the individual relief and will send the individual a new notice of decision if eligibility is redetermined. (c) Timely request. An individual must request a fair hearing within 90 days from the date that notice of decision is sent by AHS (see § 68.01). (d) Scope of State fair hearing request.8 If an individual has been denied eligibility for Medicaid, AHS will treat an appeal of a determination of eligibility for APTC or CSR as including a request for an appeal of the Medicaid determination.