AGENCY FOR HEALTH CARE ADMINISTRATION
RULE NO.:RULE TITLE:
59G-1.100Medicaid Fair Hearings
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 149, August 2, 2017 issue of the Florida Administrative Register.
59G-1.100 Medicaid Fair Hearings.
(1) No change.
(2) Definitions.
(a) through (m), no change.
(n) Good Cause –An incident or occurrence which is beyond the control of the movant and which prevents compliance. The Fair Hearing Officer will determine good cause based on the facts and circumstances the movant presents in support of the application for the relief sought. A legally sufficient reason.
(o) through (aa), no change.
(3) through (8), no change.
(9) Acknowledgement, Denial, and Dismissal of Fair Hearing Requests.
(a) No change.
(b) A Hearing Officer is authorized to deny or dismiss a request for a fair hearing for reasons consistent with this rule, including the following:
1. through (4) No change.
5. The recipient:
a. Files a written withdrawal of the fair hearing request, or
b. Fails to appear at the scheduled fair hearing without good cause; examples of good cause include but are not limited to a disabling accident, illness, or declared emergency.
6. through 7. No change.
(c) No change.
(10) through (13), no change.
(14) Continuances and Abandonment.
(a) The Hearing Officer will grant a continuance of a fair hearing for good cause shown, or upon stipulation of all parties of record. Except in cases of emergency, requests for continuance shall be made at least five days prior to the date noticed for the hearing. Examples of good cause include but are not limited to the recipient’s inability to attend the hearing through no fault of his or her own, or a party’s good faith need for more time to conduct discovery.
(b) The Hearing Officer may find that a fair hearing is abandoned if the recipient or enrollee fails to appear at a properly noticed fair hearing without good cause. Examples of good cause include but are not limited to a disabling accident, illness, or declared emergency.
(15) Motions.
(a) through (d) No change.
(e) Motions for extension of time, other than a motion for continuance of the fair hearing, shall be filed no later than two days prior to the expiration of the deadline sought to be extended and shall state good cause for the request. Examples of good cause include but are not limited to a disabling accident, illness, or declared emergency.
(f) No change.
(16) through (18) No change.
