Section R9-22-315. Notice of Adverse Action

A.      Adverse actions. An applicant or member may appeal, as described under Chapter 34, by requesting a hearing from the Administration or its designee concerning any of the following adverse actions:

1.        Complete or partial denial of eligibility under R9-22-307 and R9-22-313(E);

2.        Suspension, termination, or reduction of AHCCCS medi- cal coverage under R9-22-307, R9-22-312 and R9-22- 314;

3.        Delay in the eligibility determination beyond the time- frames under this Article;

4.        The imposition of or increase in a premium or copay- ment; or

5.        The effective date of eligibility.

B.       Notice of Adverse Action. The Administration or its designee shall personally deliver or send, by mail, or electronic means a Notice of Adverse Action to the person affected by the action. For the purpose of this Section, the date of the Notice of Adverse Action shall be the date of personal delivery to the applicant or the postmark date, if mailed.

C.      Automatic change and hearing rights.

1.        An applicant or a member is not entitled to a hearing if the sole issue is a federal or state law requiring an auto- matic change adversely affecting some or all recipients.

2.        An applicant or a member is entitled to a hearing if a fed- eral or state law requires an automatic change and the applicant or member timely files an appeal that alleges a misapplication of the facts to the law.

Historical Note

Adopted effective August 30, 1982 (Supp. 82-4). Former Section R9-22-315 repealed, new Section R9-22-315 adopted effective November 20, 1984 (Supp. 84-6).

Repealed effective October 1, 1985 (Supp. 85-5). New Section R9-22-315 adopted effective February 5, 1986 (Supp. 86-1). Amended effective February 26, 1988

(Supp. 88-1). Amended effective April 13, 1990 (Supp. 90-2). Amended under an exemption from the provisions of the Administrative Procedure Act, effective July 1, 1993 (Supp. 93-3). Section repealed by final rulemaking at 5 A.A.R. 294, effective January 8, 1999 (Supp. 99-1).

New Section R9-22-315 made by final rulemaking at 20

A.A.R. 192, effective January 7, 2014 (Supp. 14-1).