R9-34-101. Application of Chapter

A. This Article establishes the requirements and process for a petitioner to request a State Fair Hearing regarding an adverse action affecting AHCCCS eligibility. B. This Article applies to appeals of eligibility determinations made by AHCCCS including determinations for the aged, blind, or disabled (9 A.A.C. 22, Article 15), the Arizona Long Term Care System (9 A.A.C. 28), the Medicare Cost Sharing Program (9 A.A.C. 29), the Medicare Part D Program (9 A.A.C. 30), and adverse actions regarding premiums and copayments described in R9-34-102(A)(5). Hearings on these appeals are conducted as described in this Article, A.R.S. § 36- 2903.01(B)(4) and the Arizona Administrative Procedures Act in A.R.S. Title 41, Chapter 6. C. The Arizona Department of Economic Security conducts appeals of eligibility under the procedures in A.R.S. Title 6, Chapter 9 for those eligibility determinations made by the Department including: 1. When the request for a State Fair Hearing is made for an individual whose eligibility is determined using MAGIbased income, 2. When the request for a State Fair Hearing is made on behalf of more than one person in the same household where at least one person’s eligibility is based on MAGIbased income, 3. When the request for State Fair Hearing of AHCCCS eligibility is made at or near the same time as a request for the administrative review of an eligibility determination arising from the same facts and circumstances for any other public assistance program administered by the Department of Economic Security.