Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 100 - General Provisions
Chapter 5 - The Hearing Process
Rule 23-100-5.1 - Hearings Defined

A. A fair hearing is an orderly, but informal meeting in which a client or his representative is afforded an opportunity to address an impartial hearing officer for the purpose of presenting oral testimony and/or evidence of his entitlement to medical assistance and services.

B. The applicant or recipient has the right of confrontation and cross-examination as described further in this section.

C. A fair hearing is a de novo hearing which means it starts over from the beginning. A new determination of the clients eligibility is made based on all the evidence that can be secured, without regard to whether the evidence was available at the time the regional office took action. Thus, the process is not essentially different from a determination of eligibility.