Participant Rights

The participant has rights protected by federal and state laws and Department rules. The Department will inform participants of the following rights during the application process and eligibility reviews. (7-1-24) 01. Right to Apply. Any person has the right to apply for any Health Care Assistance program. Applications may be submitted by paper, electronically, fax, or telephonically. Application information must be in a form or format provided by the Department. (7-1-24) 02. Right to Hearing. Any participant can request a hearing to contest a Department decision under IDAPA 62.01.01, “Idaho Rules of Administrative Procedure,” and Office of Administrative Hearings General Order No. 1. (7-1-24) IDAHO ADMINISTRATIVE CODE IDAPA 16.03.01 – Eligibility for Health Care Department of Health and Welfare Assistance for Families & Children Section 111 Page 8 03. Right to Request Reinstatement of Benefits. Any participant has the right to request reinstatement of benefits until a hearing decision is made if the request for the reinstatement is made before the effective date of the action taken on the notice of decision. Reinstatement pending a hearing decision is not provided if an application is denied because an individual did not provide citizenship or identity documentation during a reasonable opportunity period allowed by the Department. (7-1-24) 101. -- 110. (RESERVED)