23 MAC Pt. 208, R. 5.13
Reconsiderations, Appeals, and Hearings
Cite as 23 Miss. Admin. Code Pt. 208, R. 5.13
Reconsiderations, Appeals, and Hearings
A. If it is determined that an applicant does not meet Intermediate Care Facility for Individuals
with Intellectual Disabilities (ICF/IID) level of care (LOC) at the completion of an initial
evaluation by the Diagnostic and Evaluation (D&E) team, the applicant and/or guardian or
legal representative may request reconsideration from DMH.
B. Decisions that result in services being denied, terminated, or reduced may be appealed
according to DMH appeal procedures.
1. If the participant and/or guardian or legal representative disagrees with the decision made
by DMH regarding services being denied, terminated, or reduced, a written request to
appeal the decision may then be made to the Executive Director of the Division of
Medicaid. [Refer to Miss. Admin. Code, Part 300.]
2. During the appeals process, contested services that were already in place must remain in
place, unless the decision is for immediate termination due to possible danger, racial
considerations or sexual harassment of the service providers. The ID/DD Waiver support
coordinator is responsible for ensuring that the beneficiary continues to receive all
services that were in place prior to the notice of change.