§ 2070.42. Appeals and fair hearings for applicants and clients.

 (a)  Except as provided otherwise in this chapter, Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) applies to the provision of Medical Transportation Services. Chapter 275 may not be replaced by any internal hearing procedure established by a county, prime contractor, or provider.

 (b)  To retain the right to appeal and request a Departmental fair hearing, applicants and clients are bound by the following:

   (1)  If an applicant is found to be ineligible for the service requested, the applicant retains the right to request a Departmental fair hearing by submitting a request for fair hearing to the county or prime contractor. The hearing request shall be postmarked no later than 30 calendar days following the date the written notice is mailed or hand-delivered to the applicant. Appeals received after the 30 day period will not be heard.

   (2)  The effective date of a reduction or termination from service for a client found to be ineligible for service upon redetermination of need will be the 15th calendar day following the date the written notice is mailed or hand-delivered to the client.

   (3)  If a client found to be ineligible upon redetermination of need for service elects to appeal that redetermination:

     (i)   Service to the client may not be reduced or terminated pending the outcome of the hearing, if the hearing request is postmarked no later than the 10th calendar day following the date the notice is mailed or hand-delivered to the client.

     (ii)   Service will be reduced or terminated as scheduled if the hearing request is postmarked after the 10th calendar day, following the date the written notice is mailed or hand-delivered to the client, but the client retains the right to request a fair hearing.



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