(a) Except as required in § 71-5-112, whenever a hearing is required by state or federal law or constitutional provision, the department shall provide such hearings before the commissioner or the commissioner’s designee.

Terms Used In Tennessee Code 71-5-113

  • Department: means the department of health. See Tennessee Code 71-5-103
  • Medical assistance: means payment of the cost of care, services and supplies necessary to prevent, diagnose, correct or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with the person's capacity for normal activity, or threaten some significant handicap and that are furnished an eligible person in accordance with this part and the rules and regulations of the department. See Tennessee Code 71-5-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) Such hearing shall be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except that the commissioner may adopt rules that establish procedures not necessarily in accordance with the Uniform Administrative Procedures Act for the review of appeals from denials of claims for payment for medical assistance under this part where the amount of the claim is less than five hundred dollars ($500).
(c) The procedures shall include the opportunity for an informal hearing before the commissioner or the commissioner’s designee, who shall not be a medicaid employee.
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