CHAPTER 8. APPEALS AND HEARINGS
IC 12-17.6-8
Chapter 8. Appeals and Hearings
IC 12-17.6-8-1
Applicability of chapter
Sec. 1. This chapter does not apply until January 1, 2000.
As added by P.L.273-1999, SEC.177.
IC 12-17.6-8-2
Right to appeal
Sec. 2. An applicant for or a recipient of services under theprogram may appeal to the office if at least one (1) of the followingoccurs:
(1) An application or a request is not acted upon by the officewithin a reasonable time after the application or request is filed.
(2) The application is denied.
(3) The applicant or recipient is dissatisfied with the action ofthe office.
As added by P.L.273-1999, SEC.177.
IC 12-17.6-8-3
Applicability of IC 4-21.5
Sec. 3. The secretary shall conduct hearings and appealsconcerning the program under IC 4-21.5.
As added by P.L.273-1999, SEC.177.
IC 12-17.6-8-4
Setting matter for hearing
Sec. 4. The office shall, upon receipt of notice of appeal undersection 2 of this chapter, set the matter for hearing and give theapplicant or recipient an opportunity for a fair hearing in the countyin which the applicant or recipient resides.
As added by P.L.273-1999, SEC.177.
IC 12-17.6-8-5
Hearing procedure
Sec. 5. (a) At a hearing held under section 4 of this chapter, theapplicant or recipient and the office may introduce additionalevidence.
(b) A hearing held under section 4 of this chapter shall beconducted under rules adopted by the secretary for applicants andrecipients of Medicaid that are not inconsistent with IC 4-21.5 andthe program.
As added by P.L.273-1999, SEC.177.
IC 12-17.6-8-6
Powers and duties of office
Sec. 6. The office:
(1) may make necessary additional investigations; and
(2) shall make decisions concerning the: (A) granting of program services; and
(B) amount of program services to be granted;
to an applicant or a recipient that the office believes arejustified and in conformity with the program.
As added by P.L.273-1999, SEC.177.