Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 76 - Maternal and Child Health Program › Rule 641-76.8 - Right to Appeal-client

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Right of appeal.
Individuals applying for MCH services and
			 clients receiving MCH services shall have the right to appeal whenever a
			 decision or action of the department or contract agency results in the denial
			 of participation, suspension, or termination from the approved MCH program.
			 Notification of the denial of participation, suspension or termination shall be
			 made in writing and shall state the basis for the action. All hearings shall be
			 conducted in accordance with these rules.
(2)
Notification of appeal rights and
			 right to hearing.
Individuals applying for MCH services shall be
			 notified of the right to appeal and the procedures for requesting a hearing at
			 the time of application for MCH services. Information about the appeal and
			 hearing process shall be provided in writing and shall be immediately available
			 at maternal and child health centers. A health professional shall be available
			 to explain the method by which an appeal or hearing is requested and the manner
			 in which the appeal and hearing will be conducted.
(3)
Request for hearing.
A
			 request for a hearing is a written expression by an individual or the
			 individual's parent, guardian, or other representative that an opportunity to
			 present the individual's case is desired. The request shall be filed with the
			 contract agency within 60 days from the date the individual receives notice of
			 the decision or action which is the subject of appeal.
(4)
Receipt of benefits during
			 appeal
Individual applicants, who are denied program benefits due to a
			 finding of ineligibility, shall not receive benefits during the administrative
			 appeal period. Clients who are involuntarily suspended or terminated from the
			 MCH program shall continue to receive program benefits during the
			 administrative appeal period.
(5)
Hearing officer
The hearing officer shall be impartial, shall
			 not have been directly involved in the initial determination of the action
			 being contested, and shall not have a personal stake in the decision. Hearing
			 officers may be contract agency directors, health professionals, community
			 leaders, or any impartial citizen. If prior to the hearing, the appealing party
			 objects to a contract agency director serving as the hearing officer in a case
			 involving the director's own agency, another hearing officer shall be selected
			 and, if necessary, the hearing shall be rescheduled as expeditiously as
			 possible. Contract agencies may seek the assistance of the Chief, Family
			 Services Bureau, Department of Public Health, Lucas State Office Building, Des
			 Moines, Iowa 50319-0075, in the appointment of a hearing officer
(6)
Notice of hearing.
The
			 hearing officer shall schedule the time, place and date of the hearing as
			 expeditiously as possible. Parties shall receive notice of the hearing at least
			 ten days in advance of the scheduled hearing. The hearing shall be accessible
			 to the party requesting the hearing. The hearing shall be scheduled within
			 three weeks from the date the contract agency received the request for a
			 hearing or as soon as possible thereafter, unless a later date is agreed upon
			 by the parties.
(7)
Conduct
			 of hearing.
The party requesting the hearing or the party's
			 representative shall have the opportunity to:
a. Examine, prior to and during the hearing,
			 the documents and records presented to support the decision under
			 appeal;
b. Be represented by an
			 attorney or other person at the party's own expense;
c. Bring witnesses;
d. Question or refute any testimony or
			 evidence, including an opportunity to confront and cross-examine adverse
			 witnesses;
e. Submit evidence to
			 establish all pertinent facts and circumstances in the case; and
f. Advance arguments without undue
			 interference.