Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 477 - MEDICAID ELIGIBILITY
Chapter 10 - FAIR HEARING PROCESSES
Section 477-10-002 - RIGHT TO FAIR HEARING

Current through September 17, 2024

Every applicant or client has the right to appeal any action, inaction, or failure to act with reasonable promptness by requesting a fair hearing.

002.01 REASONS FOR APPEAL. The applicant or client may appeal because:

(A) His or her application is denied;

(B) His or her application is not acted on with reasonable promptness;

(C) His or her Medicaid is suspended;

(D) His or her services are reduced;

(E) His or her Medicaid case is closed;

(F) His or her services are changed to be more restrictive; or

(G) He or she thinks the Department's action was erroneous.

002.02 CHANGES IN STATE OR FEDERAL LAW. The client is not entitled to a fair hearing when either state or federal law requires automatic case adjustments for classes of clients unless the reason for an individual appeal is an incorrect eligibility determination.

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