120-3  Fair Hearing Requests

Effective to June 30, 2010

1. The enrollee, the parent, or representative has to ask for the hearing in writing within 90 days of the mailing date of the notice with which he disagrees.

2. Explain the policy and the action when an enrollee questions it.  Let him talk to your supervisor if he wants.  If he wants to ask for a hearing, assist him as needed. You may help him fill out a Form 490, Hearing Rights.  (After a hearing has been requested, see Section 120-1 for information about using an agency conference to attempt to resolve the issue before the hearing.)

3. The enrollee should mail the hearing request directly to the State Department of Health, Hearings office.  If the DWS Office of Administrative Hearings or local office staff receive such a requests, they will forward the hearing request directly to the Department of Health Hearings office.  The Hearings office will conduct a formal hearing.

If a hearing request from a household receiving CHIP and DWS assistance raises DWS assistance issues, the Department of Health, Hearings office will send the DWS assistance hearing request to the DWS Office of Administrative Hearings.