How to Prepare for a New York State Medicaid Fair Hearing

This course, presented by elder law attorney Tanya Hobson-Williams, will offer a practical guide to representing a client at a fair hearing challenging the decision of a local Department of Social Services Agency’s decision to deny Medicaid Benefits. Hobson-Williams will give practitioners a step-by-step guide to preparing for and presenting a Medicaid Administrative Law Fair Hearing. You will learn how to properly request the hearing and effectively present your case at the hearing. Additionally, you will learn the procedural posture of the hearing as well as how to appeal any adverse decision within the statute of limitations.

The program will also provide a review of N.Y.S. Medicaid Eligibility for Home Care, examined in the context of what actions give rise to Medicaid Denials. N.Y.S. Medicaid Law will be discussed, along with a survey of recent Appellate Division and Fair Hearing decisions. Hobson-Williams will also provide answers to commonly asked questions by Elder Law attorneys attending fair hearings. 

1. Discuss preparation for the hearing, including meeting with your client and narrowing your issues
2. Review the most common reasons for denial of Medicaid applications
3. Understand how to request the Fair Hearing, with a focus on the procedural and legal parameters governing the hearing process and when to file an external or internal appeal in Home Care cases
4. Explore how to research prior fair hearing decisions and case law and how to assemble the case record
5. Identify best practices for presenting your case at the hearing, including issues related to objections, witnesses, and evidence
6. Examine how to appeal an undesirable fair hearing decision
   

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