Kansas Department of Health & Environment

Kansas Family Medical Assistance

Manual (KFMAM)

Eligibility Policy - 10/16/2021

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1501 Request for a Hearing - A request for a fair hearing is defined as a clear expression, oral or written, to appeal a decision or final action of any agency or employee of the 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.).

The request may be made orally (either in person or by telephone), in writing (either in person or by mail), by fax, or by email.

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:

1501.01 - Any person who is an applicant, recipient, or is authorized to represent the applicant/recipient may request a fair hearing for the individual. This includes the applicant/recipient’s attorney, or an individual appointed as a Medical Representative. Form KC6100 Medical Representative Authorization Form or medical representative section on the application form is required to authorize a representative as stated above. This authorization must be signed prior to the date the request for fair hearing is filed.

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 or appropriate jurisdiction may request a fair hearing or represent the decedent in a fair hearing action.

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