Maryland Register

Issue Date:  November 26, 2018

Volume 45 • Issue 24 • Page 1169-1170

Title 10 

Subtitle 01 PROCEDURES

10.01.04 Fair Hearing Appeals Under the Maryland State Medical Assistance Program

Authority: Health-General Article, §§2-104 and 15-103, Annotated Code of Maryland

Notice of Proposed Action


     The Secretary of Health proposes to amend Regulation .02 under COMAR 10.01.04 Fair Hearing Appeals Under the Maryland State Medical Assistance Program.

Statement of Purpose

The purpose of this action is to update the Department’s fair hearing regulations, which set forth the criterion for determining whether a Medicaid applicant’s fair hearing appeal will be granted. This proposal aligns the fair hearing regulations with the Department’s Medicaid eligibility regulations, which were recently amended to increase the processing application time limitation for MAGI-exempt coverage groups from 30 days to 45 days, in accordance with 42 CFR §435.912.


Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to, or fax to 410-767-6483. Comments will be accepted through December 26, 2018. A public hearing has not been scheduled.

.02 Opportunity for a Fair Hearing.

A. An opportunity for a fair hearing shall be granted if:

(1)—(2) (text unchanged)

(3) A Program applicant claims their application for [Program] eligibility, or any part thereof, is not acted upon within:

(a) 30 days from the date of application to an insurance affordability program;

(b) 45 days from the date of application for aged or blind applicants to the Program; or

(c) 60 days from the date of application to the Program in the case of determination of disability;

(4)—(8) (text unchanged)

B. (text unchanged)

Secretary of Health​