Hearings

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    (a)    The Secretary shall provide notice and an opportunity for a Medicaid fair hearing in accordance with Title 10, Subtitle 2 of the State Government Article and federal Medicaid law to:

        (1)    An applicant for Administration Medicaid waiver services who is denied eligibility for the services;

        (2)    An applicant for Administration Medicaid waiver services who contests the priority category assigned to the applicant for the services; and

        (3)    A recipient of Administration Medicaid waiver services:

            (i)    Whose claim for Administration Medicaid waiver services is denied or is not acted on with reasonable promptness; or

            (ii)    Who believes the Administration has taken an action erroneously.

    (b)    (1)    Except as provided in subsection (a) of this section, an applicant for services or a recipient of services under this title may:

            (i)    Request an informal hearing before the Secretary’s designee on any action or inaction of the Secretary made under this title; and

            (ii)    Request the Secretary to review the decision of the informal hearing.

        (2)    After the Secretary receives a request for a review, the Secretary shall conduct the review in accordance with Title 10, Subtitle 2 of the State Government Article.


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