1-009.03F Continuation of Benefits

The worker must not carry out an adverse action pending an appeal hearing if:

1. The case action being appealed required adequate and timely notice (see 468 NAC 1-009.03B and 1-009.03C);
2. The client requests an appeal hearing in writing within ten days following the date the Notice of Action is mailed; and
3. The client does not refuse continued assistance.

In the situations listed in 468 NAC 1-009.03C, benefits are not restored pending a hearing.

This regulation does not restrict the worker from continuing normal case activities and implementing changes to the assistance case that are not directly related to the appeal issue.

If the worker's action is sustained by the hearing decision, the worker must institute recovery procedures against the client to recoup the disputed amount of assistance furnished the client during the appeal period (see 468 NAC 3-008.07B).

(10/7/98)

1-009.03F1 Continuation of Benefits in Transitional Medical Assistance Cases

1-009.03F2 Refusal of Continued Benefits