Hiring a AHCCCS Fair Hearing Attorney may be necessary if you’re facing a denial of benefits or services of Available AHCCCS Health Plans. The Arizona Health Care Cost Containment System (AHCCCS) is the medicaid agency that offers health care programs. These programs serve certain Arizona residents. When an individual is denied benefits or services by AHCCCS or the Arizona Department of Economic Security (DES) they have the right to appeal. In order to qualify for AHCCCS benefits, applicants must meet certain requirements and and other obligations. However, should the benefits or services be denied you’ll want to know more about Appealing AHCCCS Denial.  Appealing a denial is a request for AHCCCS to reconsider or modify a decision. A common referral of a decision by AHCCCS is “an action.”  An action can include a denial, discontinuation, reduction or suspension of benefits or services.

When to Request an Appeal

Any individual who has received a Notice of Adverse Action by AHCCCS may request an appeal. Should the appeal be denied they can then request a AHCCCS Fair Hearing.  The requirements for such an appeal of an eligibility determination is slightly different than the appeal procedure for a person enrolled with an AHCCCS contractor. Therefore, it is important to recognize the differences. An adverse action may require knowledge of the AHCCCS Fair Hearing Process  An adverse action is defined as:

  • Denial of eligibility
  • Discontinuance of eligibility
  • Increase in the share of Arizona Long Term Care costs
  • Increase in premiums or co-payments
  • Failure by AHCCCS to make a determination within the established time-frame

Once the applicant receives the Notice of Adverse Action they must request a State Fair Hearing (Hearing) in writing with AHCCCS within 30 days.  The request for a Hearing must contain the case name, the adverse action taken by AHCCCS and the basis for the Hearing. Therefore, if AHCCCS receives a request for Hearing that is timely and contains the necessary information a Notice of Hearing is mailed to the applicant.  Once the applicant requests a Hearing, it will be held between 30-60 days.

AHCCCS Denial of Services or Benefits

AHCCCS Denial of Services or Benefits include:

  • Suspension or denial of AHCCCS benefits
  • If there has been a denial of a wheelchair request
  • Denial of health care assistance
  • If there has been a denial of request for surgery

AHCCCS Fair Hearing Timeline

  1. Ask for a service
  2. Service is denied by health plan
  3. Applicant must appeal the denial
  4. Health plan reconsiders the original decision
  5. If denied again Applicant must appeal for a Fair Hearing
  6. A hearing date is set.
  7. A Fair Hearing will be held before the Office of Administrative Hearings
  8. The AHCCCS makes a final decision.

AHCCCS Resubmission or Reconsideration

An initial request for a service may be denied due to missing documentation, incorrect coding or a lack of necessary information. After the initial denial is received, an AHCCCS Fair Hearing Attorney can assist with sending it back to AHCCCS through a resubmission or reconsideration. To do this you must ensure it has the correct or additional information needed by AHCCCS.

The Resubmission must include:

  • The corrected claim.
  • Any necessary documentation.
  • A cover letter with “RESUBMISSION” written or typed on it.
  • Copy of the document where the request was denied.

The Reconsideration must include:

  • A copy of the original claim.
  • Any additional documentation needed,
  • A cover letter with “RECONSIDERATION” written or typed on it;
  • A copy of the document where the request was denied
  • A description of any correction.

To learn more about the services Chelle Law provides or to set up a consultation, contact us today.

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