10A NCAC 22H .0105       DISMISSAL OF APPEAL

(a)  Scheduled informal appeals may be dismissed if applicant/recipient or his/her representative withdraws the request in writing.

(b)  If applicant/recipient or his/her representative fails to appear at a scheduled informal appeal without good cause, the review will still be held.  Good cause is defined as circumstances beyond the control of the applicant/recipient or his/her representative.

(c)  If, at any time during the informal appeal process, the recipient's medical condition worsens and the patient is properly re‑certified or approved for the existing or a higher level of care or service, the informal appeal shall be concluded in favor of the recipient.

 

History Note:        Authority G.S. 108A‑25(b); 42 C.F.R. Part 431;

Eff. April 13, 1979;

Amended Eff. December 1, 1995; May 1, 1990.