Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 300 - Appeals
Chapter 2 - Fee-for-Service Applicant and Beneficiary Appeals
Rule 23-300-2.7 - All Hearing Requests

1. A simple statement requesting a hearing that is signed by the applicant/beneficiary or the applicant/beneficiary's legal representative is sufficient.

2. The written request may be mailed to the regional office or central office. If the letter does not specify the type of hearing desired, a Medicaid specialist will contact the person making the request to determine whether a local or a state hearing is being requested. If contact cannot be made within three (3) days of receipt of the hearing request, the regional office will assume a local hearing is requested and schedule accordingly.

3. If the hearing involves an issue that requires that a state hearing be held or if a state hearing is requested, the request will be forwarded to the Office of Administrative Appeals.

1. The applicant/beneficiary may come to the regional office or meet with a Medicaid specialist in person to request a hearing. The specialist must determine what level of hearing, local or state, is desired.

2. If a state level hearing is required as noted in Part 300, Chapter 2, Rule 2.4, this will be explained to the applicant/beneficiary. Otherwise, if the applicant/beneficiary is unsure of the type hearing desired, the Medicaid specialist will explain the difference between the two levels of appeal and explain a state hearing may still be available if the local hearing decision is not favorable.

3. The Medicaid specialist will assist the applicant/beneficiary in completing the appropriate form, DOM 350, Request for Local Hearing, or DOM 352, Request for State Hearing, whichever is applicable. If a state hearing is required or requested, the specialist can assist in mailing the request to state office or the applicant/beneficiary may choose to mail it himself/herself.