i_comedicaidcl_2016a_2016-09-29t09:06:44z1 Hearing Summary

Date: 09/29/2016

09:09 AM -- Bill 1 - Correct Technical Issues with Medicaid Appeals



Brita Darling, Office of Legislative Legal Services (OLLS), presented Bill 1 (Attachment B). She discussed the provisions of the bill and amendment 1 (Attachment C). The bill clarifies that Medicaid benefits must automatically continue without requiring an affirmative request by a client who is appealing a termination or reduction in benefits. The Department of Health Care Policy and Financing (HCPF) must send the recipient written confirmation of the continuing benefits. The electronic filing form for appeals must include a check box or other method to opt out of continuing benefits, to request an accommodation for submitting an appeal or participating in a hearing, and to request dispute resolution. The electronic appeals website must additionally allow for the attachment of as many documents as necessary to support the appeal.



160929 AttachB.pdf160929 AttachC.pdf



09:12 AM



Bill Zepernick, Legislative Council Staff (LCS), discussed the fiscal note that was prepared for Bill 1 (Attachment D). Committee discussion followed.



160929 AttachD.pdf



09:15 AM -- Julie Reiskin, Colorado Cross-Disability Coalition (CCDC), discussed the process CCDC follows when assisting clients with filing appeals. She discussed the challenges Medicaid clients face when filing appeals. She expressed her support for the bill.





09:18 AM -- Matthew Azer, Chief Judge, Office of Administrative Courts (OAC), Department of Personnel and Administration, discussed the role of OAC in Medicaid appeals. He explained that the OAC is an independent reviewer of actions taken by state agencies. He told the committee that individuals may file an appeal either electronically, on paper, or by fax. He stated that once the OAC receives a request for an appeal, staff files a notice of appeal and sends a notice of appeal to the involved parties. OAC staff then sends a notice of hearing to the parties involved. Judge Azer explained additional details about the appeals process. He told the committee that the appeal form used by his office is an internal form and is not distributed to other state or county agencies. He explained that the state department involved in the appeal is responsible for providing accommodations for an appellant, not the OAC. Judge Azer indicated that OAC would need to install a new computer system to allow for more than two documents to be filed with the case Initiation Form. He explained that once an appeal is filed, an appellant may file as many documents as needed by using the OAC website. He also addressed concerns about allowing appellants to send hearing documents and information via e-mail.





09:28 AM



Judge Azer responded to questions from the committee about the cost to OAC to update the computer system to include functionality that would allow for more that two documents to be attached to the initial filing. He continued to discuss the OAC hearing process and the process appellants may use to submit information regarding their appeal to OAC.





09:38 AM



Committee discussion continued about filing documents with OAC and the efforts employed by OAC to notify applicant when crucial documents are missing from their case file.



09:44 AM -- Elizabeth Arenales, Colorado Center on Law and Policy, discussed the need to work through the issues addressed in the bill.

09:48 AM



Representative Danielson and Senator Crowder will be the prime sponsors for Bill 1.