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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 12. Health |
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Agency 30. Department of Medical Assistance Services |
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Chapter 110. Eligibility and Appeals |
Section 980. Applicability, notices and regulatory authority
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Subpart IV. Appeals
A. The appeals process contained in this subpart shall apply to appeals of resource assessments, initial determinations and redeterminations of resources, and income amounts and allowances made in connection with applications for medical assistance benefits by spouses institutionalized for a continuous period on or after September 30, 1989, or receiving waiver or hospice services for a continuous period on or after September 30, 1989, pursuant to existing Client Appeals regulations (Part I (12VAC30-110-10 et seq.) of this chapter).
B. Written notices are to be provided to the institutionalized spouse and the community spouse advising them of:
1. Resource assessments;
2. The amounts deducted for spousal and family allowances used in the post-eligibility calculation; and
3. Their rights to appeal the amounts deducted in the calculations for determining the spousal and family allowances used in the post-eligibility calculation.
C. Hearings and appeals held pursuant to this subpart are consistent with regulations at 42 CFR Part 431, Subpart E.
Historical Notes
Derived from VR460-04-8.6 § 4.1, eff. October 1, 1991; amended, Volume 12, Issue 09, eff. March 1, 1996; Volume 17, Issue 13, eff. April 11, 2001; Volume 25, Issue 14, eff. April 15, 2009.