CHAPTER 28. APPEALS AND HEARINGS

IC 12-15-28
    Chapter 28. Appeals and Hearings

IC 12-15-28-1
Decisions appealable to office
    Sec. 1. An applicant for or a recipient of Medicaid may appeal tothe office if one (1) of the following occurs:
        (1) An application or a request is not acted upon by the countyoffice within a reasonable time after the application or requestis filed.
        (2) The application is denied.
        (3) The applicant or recipient is dissatisfied with the action ofthe county office.
        (4) The recipient is dissatisfied with a determination made bythe office under IC 12-15-8.5.
As added by P.L.2-1992, SEC.9. Amended by P.L.4-1993, SEC.115;P.L.5-1993, SEC.128; P.L.178-2002, SEC.86.

IC 12-15-28-2
Secretary to conduct hearings under IC 4-21.5
    Sec. 2. The secretary shall conduct hearings and appealsconcerning Medicaid under IC 4-21.5.
As added by P.L.2-1992, SEC.9.

IC 12-15-28-3
Notice of appeal; setting matter for hearing; opportunity forhearing; location
    Sec. 3. The office shall, upon receipt of notice of appeal undersection 1 of this chapter, set the matter for hearing and give theapplicant or recipient an opportunity for a fair hearing in the countyin which the recipient resides.
As added by P.L.2-1992, SEC.9.

IC 12-15-28-4
Hearing; introduction of evidence
    Sec. 4. At the hearing, the applicant and county office mayintroduce additional evidence.
As added by P.L.2-1992, SEC.9. Amended by P.L.4-1993, SEC.116;P.L.5-1993, SEC.129.

IC 12-15-28-5
Conduct of hearing; rules
    Sec. 5. The hearing shall be conducted under rules adopted by thesecretary that are not inconsistent with IC 4-21.5 and the Medicaidprogram.
As added by P.L.2-1992, SEC.9.

IC 12-15-28-6
Additional investigations by office; decision by office to grantMedicaid    Sec. 6. The office:
        (1) may make necessary additional investigations; and
        (2) shall make decisions relative to the granting of Medicaidand the amount of Medicaid to be granted to the applicant thatthe office believes are justified and in conformity with theMedicaid program.
As added by P.L.2-1992, SEC.9.

IC 12-15-28-7
Decision by office to grant Medicaid assistance; effect
    Sec. 7. A decision of the office made in conformity with theMedicaid program, including the establishment of dates of eligibility:
        (1) is binding upon the county office involved;
        (2) shall be complied with by the county office; and
        (3) has the same effect as decisions of the county office fromwhich the appeal is taken.
As added by P.L.2-1992, SEC.9. Amended by P.L.4-1993, SEC.117;P.L.5-1993, SEC.130.