Kansas Department of Health & Environment

Kansas Family Medical Assistance

Manual (KFMAM)


Eligibility Policy - 8/21/2019

01000 >>> 01500 >>> 1505 >>> 1505.02

previous section1505.01

                                                                                                  

1505.03next section

1505.02 Agency Contact - Once a fair hearing has been received, the Clearinghouse shall attempt to contact the client, or the client’s representative, by telephone to explain the agency action and the effective date of the action taken.

(1) Unable to Contact - The Clearinghouse shall make at least two (2) attempts to contact the client by telephone to explain the agency action taken on the case4. All unsuccessful attempts to contact the client shall be thoroughly documented in the case file. If the agency is unable to contact the client by telephone to discuss the agency action, the Clearinghouse shall complete an Agency Summary as described in 1505.04.

(2) Contact Completed - If the Clearinghouse is able to contact the client by telephone to explain the agency action and the client is satisfied with the agency explanation, the client should be asked if he/she is willing to withdraw the fair hearing request. Whether of not the client is willing to voluntarily withdraw the fair hearing request will determine the next action taken by the agency.

(a) Client Agrees to Withdraw - If the client agrees to withdraw the fair hearing request, the Clearinghouse shall complete a Motion to Dismiss based on the client’s decision to withdraw the fair hearing request. There is no need to complete an Agency Summary at this point. See. 1505.03.

(b) Client Does Not Withdraw- If the client does not agree to withdraw the fair hearing request and states an intent to continue the appeal, the Clearinghouse shall complete an Agency summary as described in 1505.04. See also 1505.06 concerning dismissal of fair hearing.

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