Elder Law

Hearing Rights and Responsibilities in Medicaid Cases

The Applicant and DFCS have the right to the following: 1. Bring and/or subpoena witnesses; 2. Establish all pertinent facts…

2 years ago

Issues for Hearing

The fair hearing or the appeal from agency review must give the applicant a de novo hearing if requested. 42…

2 years ago

Discovery in Medicaid Cases

As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized…

2 years ago

Pre-Trial Motions in Medicaid Cases

Form All requests made to the Administrative Law Judge shall be made by motion. Unless made during the hearing, motions…

2 years ago

Summary Determination in Medicaid Cases

Form; timing A Motion for Summary Determination may be filed no later than thirty days prior to the date a…

2 years ago

Pre-Hearing Conferences in Medicaid Cases

An ALJ may order a prehearing conference to simplify the issues being presented. Conferences may be held in person or…

2 years ago

Notice, Due Process and Procedure in Medicaid Fair Hearings

Minimum Federal Requirements for Medicaid Fair Hearings Each State must give Medicaid applicants the right to a fair hearing when…

2 years ago

Verification for Medicaid Applications

All applications for ABD Medicaid require that the applicant's basic eligibility be verified. See ABD Manual Section 2201-4. Applications for…

2 years ago

Continuing Benefits While Appeal is Pending

If benefits are being terminated or reduced, the applicant/recipient may request that benefits continue while the appeal is pending. A…

2 years ago

Requesting a Medicaid Fair Hearing

Right to a Hearing The right to a hearing is a property right and belongs to the applicant. See Bd.…

2 years ago