1610 Request for a Hearing - A request for a fair hearing is defined as a clear expression, to appeal a decision or final action of any agency or employee of KDHE-DHCF. The Office of Administrative Hearings in the Department of Administration administers the agency's fair hearing program pursuant to the Kansas Administrative Procedure Act (K.S.A. 77-501 et seq.)
A request for fair hearing may be made orally (either in person or by telephone), in writing (either in person or by mail), by fax, or by e-mail.
The rights, responsibilities, and procedures for fair hearings for other interested persons are similar to those applicants/recipients as explained in this section except that hearings for other interested persons shall be held in Topeka.
The following persons may request a fair hearing:
1610.1 Reserved
1610.2 Reserved
1610.3 Medical Assistance – Any person who is an applicant, recipient or is authorized to represent the applicant/recipient per 2111(1),(2) and 2112(1),(2) may request a fair hearing for the individual. In addition, the applicant/recipient can provide a written authorization allowing an attorney, or other individual, to request a fair hearing on his/her behalf. For deceased individuals, only persons specifically authorized by a court of appropriate jurisdiction may request a fair hearing or represent the decedent in a fair hearing action.
1611 Time Period For Requesting A Hearing - The date of request shall be the date the agency received the request. The date of request for oral requests is the day the person requests a fair hearing in person or by telephone. The date of receipt of a fair hearing request submitted after business hours by telephone, fax or e-mail shall be the next business day.
1611.1 Medical Assistance - Unless preempted by federal law, a request for a fair hearing shall be in writing and received by the agency within 33 days from the date the notice of action is mailed. When a request for a fair hearing is received prior to the effective date of action as prescribed in 1612, assistance may be continued.
Such request may relate to an applicant's request for assistance which is denied, or is not acted upon with reasonable promptness, and to any recipient who is aggrieved by any agency action resulting in suspension, reduction, discontinuance, or termination of assistance, or determination that a protective, vendor, or two-party payment should be made or continued.
1611.2 Reserved
1612 Continuation of Benefits - If a request for a fair hearing is received prior to the effective date of action, the notice of adverse action is mailed, and the review period has not expired, assistance shall not be suspended, reduced, discontinued, or terminated until a decision is rendered after a hearing, unless:
1. A determination is made at the hearing by the hearing officer that the sole issue is one of state or federal law or regulation, or change in state or federal law and not one of incorrect application of a policy (when appropriate, Clearinghouse staff should raise this issue in the hearing in order for the referee to render a decision).
2. A change (except the matter under appeal) affecting the recipient's assistance occurs while the fair hearing decision is pending and the recipient fails to request a hearing after notice of the change.
3. The request for a fair hearing concerns a discontinued program or service.
4. Reserved
5. The review period expires. The household may reapply and may be determined eligible for a new review period with a benefit amount as determined by the agency.
6. A mass change affecting the household's eligibility or basis of issuance occurs while the hearing decision is pending.
7. Reserved
Assistance shall also be continued at the prior level if the client or agency requests a review by the State Appeals Committee. Refer to 1617.
NOTE: In any case where action was taken without timely notice, if the recipient requests a hearing within 10 days of the mailing of the notice of action, and the agency determines that the action resulted from other than the application of state or federal law or policy or a change in state or federal law, assistance shall be reinstated and continued until a decision is rendered in the matter as set forth above.
The agency shall promptly inform the household in writing if benefits are reduced or terminated pending the hearing decision..