3172-3-12. State fair hearing for members
(a) Right to State fair hearing. With regard to grievances or appeals first filed with the MCE, a member may request a State fair hearing under 42 C.F.R. 431 Subpart E only after receiving notice from the MCE upholding an adverse benefit determination. The member will have one-hundred twenty (120) days from the date of the adverse benefit determination notice to request a State fair hearing. Refer to 42 C.F.R. '' 438.402(c)(1)(i) and 438.408(f)(1).
(b) MCE policies and procedures. The MCE will implement established policies and procedures that allow a member described in (a) to initiate a State fair hearing process after having exhausted the MCE's appeals process or after the member is deemed to have exhausted the process due to the MCE's failure to adhere to notice and timing requirements.
(c) Member's request for a State fair hearing. The MCE will allow the member to request a State fair hearing either through an established MCE process or through an established OHCA process. Any MCE process will ensure that notice of the request for State fair hearing is communicated in writing to the OHCA contracting officer within twenty-four (24) clock-hours of receiving the request.
(d) MCE documentation obligation. The MCE will provide documentation to the member, the member's authorized representative, OHCA, and the Office of Administrative Hearings.
(1) Timing. The MCE will provide the documentation described in this subsection:
(A) Within twenty-four (24) clock-hours after receiving notification of the request for State fair hearing relating to a step therapy request; or
(B) Within fifteen (15) calendar days after notification of the request for State fair hearing in all other circumstances.
(2) Information. Documentation will include, at minimum, the following information:
(A) The name and address of the member and, if applicable, the member's authorized representative;
(B) A summary statement concerning why the member has filed a request for State fair hearing;
(C) A brief chronological summary of the MCE's action in relationship to the matter underlying the member's request for State fair hearing;
(D) The member's appeal request, along with any supporting documentation, if received by the MCE;
(E) Any applicable correspondence between the MCE and the member, including system notes entered by one or more MCE employees based on one or more telephone conversations with the member;
(F) All exhibits offered at any hearing held with the MCE;
(G) All documents the MCE used to reach its decision;
(H) A statement of the legal basis for the MCE's decision;
(I) A citation of the applicable policies and/or legal authorities relied upon by the MCE in making its decision;
(J) A copy of the notice which notified the member of the decision in question;
(K) The names and titles of any MCE employees who will serve as witnesses at the State fair hearing; and
(L) Any other information requested by the member, the member's authorized representative, OHCA, or the Office of Administrative Hearings when the information relates to the State fair hearing or any matter giving rise to the State fair hearing.
(e) MCE staffing. The MCE will maintain a sufficient level of staffing to competently perform the functions, requirements, roles, and duties involved in State fair hearing support, including but not limited to documentation, summarization of the arguments presented, and ensuring timely notice and delivery of documents to all parties.
(f) Performance targets. OHCA may set performance targets related to State fair hearing requests that are resolved upholding the MCE's original determination when and as OHCA deems necessary or appropriate.
(g) Post-transition obligations. After termination or expiration of the managed care contract, the MCE will remain responsible for State fair hearings related to dates of service prior to the contract termination or expiration, including but not limited to the provision of records and representation at State fair hearings.
(h) Cost of services. If the State fair hearing officer reverses the MCE's decision to deny authorization of services and the member received the disputed services while the State fair hearing was pending, the MCE will pay for those disputed services.