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 to
the office if one (1) of the following occurs:
(1) An application or a request is not acted upon by the county
office within 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 of
the county office.
(4) The recipient is dissatisfied with a determination made by
the 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 appeals
concerning 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 for
hearing; location
Sec. 3. The office shall, upon receipt of notice of appeal under
section 1 of this chapter, set the matter for hearing and give the
applicant or recipient an opportunity for a fair hearing in the county
in 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 may
introduce 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 the
secretary that are not inconsistent with IC 4-21.5 and the Medicaid
program.
As added by P.L.2-1992, SEC.9.
IC 12-15-28-6
Additional investigations by office; decision by office to grant
Medicaid
Sec. 6. The office:
(1) may make necessary additional investigations; and
(2) shall make decisions relative to the granting of Medicaid
and the amount of Medicaid to be granted to the applicant that
the office believes are justified and in conformity with the
Medicaid 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 the
Medicaid 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 from
which 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.