Fair hearings

Applicants for and recipients of services under the Personal Care Assistance program may request and receive a fair hearing, in accordance with the rules of the Department's Medicaid program when the Department: (1) did not offer the choice of home and community-based services as an alternative to institutional care in a nursing facility; or (2) does not reach a determination of financial eligibility within the Department's standard of promptness; or (3) denies the application for any reason other than the limitations on the number of individuals who can be served and/or funding limitations as established in the approved waiver; or (4) disapproves the consumer's service plan; or (5) denies or terminates payment to a qualified personal care assistant of the consumer's choice; or (6) discharges the consumer from the waiver program.