Cal. Code Regs. Tit. 22, § 50953 - State Hearing Procedures

(a) Fair hearings under the provision of the statute specified in Section 50951(b) shall be conducted in accordance with the regulations and procedures of the Department of Social Services (DSS), unless otherwise specified in these regulations. Department of Health Services regulations shall prevail over DSS regulations in the circumstances of a State hearing related to termination or reduction of medical services in accordance with Sections 51014.1 and 51014.2.

(b) Prehearing procedures and representation at the hearing shall be the responsibility of the:

(1) County for those State hearings in which the issue involves county action or inaction.

(2) Department for those State hearings in which the issue involves Department action or inaction.

(3) Both the county and the Department when the issue involves action or inaction by both the county and the Department.

(c) The Director may develop an agreement with another agency to perform the State hearings. The Department shall retain sole authority for decision-making on Medi-Cal issues.

(1) Each proposed decision involving Medi-Cal issues shall be submitted to the Department for action. Substantive review for the conformity of the proposed decision to the Department's regulations and policies shall be the sole responsibility of the Director. The Director shall take action on the proposed decision within 30 days following actual receipt by the Department.

(2) All requests for rehearing or reconsideration of cases involving Medi-Cal shall be acted upon by the Director. The Director shall grant or deny the request no earlier than 5 nor later than 15 working days after the request is actually received by the Department. If action is not taken by the Director within this period, the request for rehearing shall be deemed denied.

Notes

Cal. Code Regs. Tit. 22, § 50953

1. Amendment of subsections (a) and (b) filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51).
2. Amendment of subsection (a) filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
3. Certificate of Compliance filed 6-28-79 (Register 79, No. 26).
4. Amendment filed 5-30-80 as an emergency; effective upon filing (Register 80, No. 22). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 9-27-80.
5. Certificate of Compliance filed 9-26-80 (Register 80, No. 39).
6. Amendment of subsection (c)(2) filed 12-27-85; effective thirtieth day thereafter (Register 85, No. 52).
7. Change without regulatory effect amending NOTE filed 12-16-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 51).

Note: Authority cited: Section 20, Health and Safety Code; and Sections 10725, 14105 and 14124.5, Welfare and Institutions Code. Reference: Sections 10950- 10965, 14001, 14021, 14053, 14124.5, 14124.24 and 14131, Welfare and Institutions Code.

1. Amendment of subsections (a) and (b) filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51).
2. Amendment of subsection (a) filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
3. Certificate of Compliance filed 6-28-79 (Register 79, No. 26).
4. Amendment filed 5-30-80 as an emergency; effective upon filing (Register 80, No. 22). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 9-27-80.
5. Certificate of Compliance filed 9-26-80 (Register 80, No. 39).
6. Amendment of subsection (c)(2) filed 12-27-85; effective thirtieth day thereafter (Register 85, No. 52).
7. Change without regulatory effect amending Note filed 12-16-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 51).