1. (1) Except as provided under sub. (2), any participant who is aggrieved by the department’s action or inaction may file an appeal pursuant to the requirements under ch. HA 3 that apply to the medical assistance program.

2. (2)

   1. (a) A request for a hearing concerning the SeniorCare program may only be made in writing and only to the division of hearings and appeals.
   2. (b) The participant shall have 45 days from the effective date of the adverse action in which to file a request for hearing.

3. (3) If a recipient requests a hearing before the effective date of the action, SeniorCare benefits and services may not be suspended, reduced or discontinued until a decision is rendered after the hearing. However, SeniorCare benefit payments made pending the hearing decision may be recovered by the department if the contested decision or failure to act is upheld.

   Note: A hearing request should be mailed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI, 53707-7875. Hearing requests may be delivered in person to that office at 5005 University Ave., Room 201, Madison, Wisconsin or transmitted by facsimile machine to 608-264-9885.

History

History: CR 02-154: cr. Register April 2003 No. 568, eff. 5-1-03.