- TO:
- ALL COUNTY OFFICES
- FROM:
- ALYSON CAMPBELL, DIRECTOR
- SUBJECT:
- NOTIFICATION TO THE ADMINISTRATIVE HEARING UNIT WHEN AGENCY ACTION IS RESCINDED
- FORMS MANUAL REVISIONS #7:
- IM-90A AGENCY ACTION RESCINDED
DISCUSSION:
Memorandum IM-65 dated October 26, 2011 introduced procedural changes when initiating and preparing for an Administrative Hearing. This memorandum introduces the Agency Action Rescinded (IM-90A) form and explains when to use this form.
What To Do If IM-90 Is Not Returned
To withdraw from a hearing, the individual who requested the hearing must sign and return the IM-90 and the IM-90 must be provided to the Administrative Hearing Unit. The eligibility specialist (ES) must follow normal hearing procedures in preparing for a hearing until they are in receipt of a signed IM-90. If the IM-90 is not received, the ES must proceed with the hearing.
NOTE: Only the individual who requested the hearing can withdraw the hearing request.
What To Do If Agency Action Is Rescinded
In addition to the procedures outlined in memorandum IM-65 (October 26, 2011), the ES must inform the Administrative Hearing Unit when the agency action is rescinded (cancelled or voided.) A new form, Agency Action Rescinded (IM-90A), is now available to report this to the Administrative Hearing unit. The ES should submit the IM-90A to the Administrative Hearing Unit within 24 hours of rescinding the agency action.
Example: A participant fails to complete and return the MO HealthNet Review form. The participant has received an Adverse Action Notice informing them that their case is closing. They request a hearing. The ES processes the hearing request and submits it to the Administrative Hearing Unit. The ES puts the adverse action on HOLD if the participant chooses to continue to receive benefits pending the hearing. The ES or the supervisor contacts the participant about the hearing request and explains that the participant needs to complete the review for the case to remain open. The participant provides the form and supporting documentation. The ES completes the review, voids the adverse action, and there is no change in benefits. The ES completes the IM-90A and submits to the Administrative Hearing Unit within 24 hours. The ES requests that the participant sign and return the Withdrawal of Request for Hearing (IM-90) form.
NOTE: Submitting an IM-90A does not mean the hearing is withdrawn. The IM-90A is used to inform the Administrative Hearings Unit of the current status of the case when the agency action is rescinded.
Chapter X of the IM Policy Manual is being revised and will include the procedural changes announced in this memorandum.
NECESSARY ACTION:
- Review this memorandum with appropriate staff.
- Implement the procedural changes announced in this memorandum immediately.
ATTACHMENT:
LH