2017 Maryland Code
Health - General
Title 7 - Developmental Disabilities Law
Subtitle 4 - Provision of Services
§ 7-406. Hearings

  • (a) Medicaid fair hearing. -- The Secretary shall provide notice and an opportunity for a Medicaid fair hearing in accordance with Title 10, Subtitle 2 of the State Government Article and federal Medicaid law to:
    • (1) An applicant for Administration Medicaid waiver services who is denied eligibility for the services;
    • (2) An applicant for Administration Medicaid waiver services who contests the priority category assigned to the applicant for the services; and
    • (3) A recipient of Administration Medicaid waiver services:
      • (i) Whose claim for Administration Medicaid waiver services is denied or is not acted on with reasonable promptness; or
      • (ii) Who believes the Administration has taken an action erroneously.
  • (b) Informal hearing procedure. --
    • (1) Except as provided in subsection (a) of this section, an applicant for services or a recipient of services under this title may:
      • (i) Request an informal hearing before the Secretary's designee on any action or inaction of the Secretary made under this title; and
      • (ii) Request the Secretary to review the decision of the informal hearing.
    • (2) After the Secretary receives a request for a review, the Secretary shall conduct the review in accordance with Title 10, Subtitle 2 of the State Government Article.
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