The fair hearing or the appeal from agency review must give the applicant a de novo hearing if requested. 42 C.F.R. § 431.232(c). A de novo hearing means it starts over from the beginning. 42 C.F.R. § 431.201. The hearing includes consideration of the following:

1. Any agency action, including the following:

a. Denial or approval of an application;
b. Calculation of patient liability or cost share;
c. Termination of benefits;
d. Change in COA;
e. Change in patient liability or cost share;

2. The agency’s delay in action or failure to act, including:

a. Delay in application processing;
b. Failure to act, or delay in action on a change.

ABD Manual, Appendix B-4; 42 C.F.R. § 431.241.

Published by
David McGuffey

Recent Posts

Getting a recorded statement introduced in evidence

Elder law attorneys sometimes find themselves in various types of litigation ranging from guardianship cases,…

2 weeks ago

2027 Social Security COLA

Today the Social Security Administration announced the Cost of Living Adjustment for next year, posting…

3 weeks ago

Good Lawyers Solve Problems, They Don’t Create Them

Years ago I had the pleasure of knowing Arvin Reingold, a Chattanooga lawyer. He was…

1 month ago

Stock Research

When you're looking at investing, there is no substitute for qualified competent advice. Having said…

2 months ago

My Views on Investing

My thoughts on investing may or may not help you. I don't claim to be…

2 months ago

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:…

4 months ago