Medicaid

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 and circumstances;
3. Present arguments without undue interference;
4. Question or refute any testimony or evidence, including the opportunity to question and cross-examine adverse witnesses.

42 C.F.R. § 431.242(b) through (e).

DFCS has the responsibility for the following:

1. Ensuring the presence at the hearing of staff members with direct knowledge of the facts in dispute;
2. Ensuring that all relevant agency records and copies are legible and available as evidence;
3. Ensuring that non-agency witnesses and records are present, either voluntarily or by subpoena.

See Appendix B-5.

If the applicant’s prima facie case supports eligibility, then the Department must present evidence rebutting the applicant’s case.

If the hearing involves an issue of eligibility and the Medicaid agency is not responsible for eligibility determinations, the agency that is responsible for determining eligibility must participate in the hearing. 42 C.F.R. § 431.243.

Published by
David McGuffey

Recent Posts

Amount of compensation; multiple conservators; forfeiture; renunciation; O.C.G.A. § 29-5-50

Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides:…

2 weeks ago

Generational Cohorts

Researchers use generational cohorts to identify and analyze changing views over time. A typical generation…

2 months ago

There are only six legal reasons to discharge a nursing home resident

Valid Reasons for an Involuntary Nursing Home Discharge One thing that strikes fear in the…

4 months ago

2026 Statewide Average Monthly Private Pay Rate for Determining Transfer of Assets

As of April 1, 2026, the Georgia Medicaid penalty divisor will increase from $10,798 to…

4 months ago

Medicaid Fair Hearing Dismissed Where Estate was Not Opened

How do nursing homes get paid? Sick people go to nursing homes and sick people…

5 months ago

Medicaid Verification: When the Agency is Required to Help

Some Medicaid classes of assistance do not require verification, but most long-term care classes of…

6 months ago