23 Miss. Code. R. 100-4.1

Current through December 10, 2024

Rule 23-100-4.1 - Appeal Rights

A. At the time of any action affecting an applicant or recipients claim for assistance, the applicant or recipient must be:

1. Informed of his right to a fair hearing;

2. Notified of the method by which he may obtain a hearing, and

3. Informed of his right to represent himself at the hearing or to be represented by an authorized person such as an attorney, relative, friend, or other spokesperson.

B. The agency must grant the opportunity for a fair hearing to any applicant or recipient who requests it because his claim for medical assistance is denied or not acted upon with reasonable promptness or because he believes that the agency has taken an action erroneously. A hearing request made in connection with a rebuttal prior to any adverse action being taken will not be accepted. The agency need not grant a hearing when the sole issue is a federal or state law requiring an automatic change which adversely affects some or all recipients.

23 Miss. Code. R. 100-4.1

42 CFR §431.205(a) (Rev. 1993).