Terms Used In Tennessee Code 71-2-304

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means a person requesting medical assistance under this part. See Tennessee Code 71-2-301
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Department: means the department of human services. See Tennessee Code 71-2-301
  • Medical assistance: means vendor payments or other payments for drugs in behalf of any person in need of this form of medical assistance as determined by department standards. See Tennessee Code 71-2-301
  • Recipient: means a person receiving medical assistance under the terms of this part. See Tennessee Code 71-2-301
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105

If an application is not acted upon by the regional director, or a designated agent, and the county mayor within a reasonable time after the filing of the application, or is denied in whole or in part, or if any award of medical assistance is modified or cancelled under any provision of this part, the applicant or recipient may appeal to the department in the manner and form prescribed by the department, and shall be afforded a reasonable notice and opportunity for a fair hearing by the department. Written notice of a right to a fair hearing shall be given by the county office to each applicant and recipient at such time as the county office takes any action concerning the amount awarded to the individual or the action on the application of the individual.