Appeals 400-29-30

(Revised 10/01 ML #2738)

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1. Applicants or recipients of this program and Medicaid who are dissatisfied with a decision made by the county agency, or who have not had their application acted on with reasonable promptness, may appeal to the North Dakota Department of Human Services. (NDAC Chapter 75-01-03)
2. The claimant must appeal in writing.  The appeal need not be on any particular form.  The county agency, which issued a decision, shall assist the claimant in filing the claimant's appeal if requested.
3.  When a recipient requests an appeal before the effective date of an adverse action and requests continued assistance, the recipient's Medicaid and Basic Care Assistance Program eligibility shall be maintained pending the final administrative resolution of the appeal.
4. The request for a fair hearing by a claimant must be filed within thirty days after the action with which the claimant is dissatisfied.
5. When assistance has continued pending an appeal decision and the county agency's decision to close the case is upheld, the case must be closed the day the decision is received by the county agency.