HAR §17-1703.1-13. Hearing involving medical issues

When the hearing involves medical issues such as issues concerning a diagnosis, an examining physician’s report, or a medical review team’s decision, the hearing officer may require an additional medical assessment of the individual. The evaluation shall be conducted by someone other than the persons involved in making the original decision. The additional medical assessment shall be obtained at the expense of the Med-QUEST Division and made part of the record. [Eff 09/30/13] (Auth: HRS §34614(9); 42 C.F.R. §431.240) (Imp: HRS §346-12; 42 C.F.R. §431.240) §17-1703.1-14 Hearing involving spousal support from institutionalized individuals. (a) A hearing may be requested if either the institutionalized spouse or the community spouse is dissatisfied with the determination of the:(1) Community spouse monthly income allowance; (2) Computation of the spousal share of the resources; or (3) Community spouse resource allowance. Any hearing request resulting from the determination of the community spouse resource allowance shall be held within UNOFFICIAL 1703.1-13 thirty (30) days of the request for hearing. (b) A community spouse may be allowed to maintain income that exceeds the standardized community spouse monthly income allowance when a community spouse's income needs are determined to be greater than the maximum income allowance limit. (c) A community spouse may be allowed to retain resources in excess of the standardized community resource allowance when income generated by those resources does not cause the community spouse's income to exceed the community spouse monthly income allowance. [Eff 09/30/13] (Auth: HRS §346-14; 42 C.F.R. §431.10) (Imp: HRS §346-29; 42 U.S.C. §1396 r- 5)