You
are here:Home
→
Newsletters
→
Summer 2010 MPLP Newsletter
→
Elder Law Attorneys Address DHS's Failure to Meet the Standard of Promptness for Processing Medicaid Applications by Filing Complaints for Superintending Control Pursuant to MCR 3.302
Elder Law Attorneys Address DHS's Failure to Meet the Standard of Promptness for Processing Medicaid Applications by Filing Complaints for Superintending Control Pursuant to MCR 3.302
07-02-10
By:Alison Hirschel
Elder law attorneys at Mall, Malisow & Cooney in Farmington Hills report consistent
success in addressing DHS’s failure to meet the standard of promptness in
processing Medicaid applications.The
firm has been filing Complaints for Superintending Control in Circuit Court
pursuant to MCR 3.302.If DHS fails to
make a determination on a Medicaid application within 45 days of the date the
application was filed, the standard of promptness for Medicaid applications, the
firm files a Request for Superintending Control to force DHS to make the
eligibility determination.The firm has
also had success filing Complaints for Superintending Control when DHS issues a
denial of a Medicaid application, the applicant files a timely appeal, but more
than 90 days have elapsed since the filing of the appeal without a hearing or a
final determination.The Complaint for
Superintending Control seeks to compel the state to hold a hearing and issues a
final determination. Venue for these complaints is proper in the Circuit Court
of the County in which the Medicaid application was filed.In both cases, the firm has found the
Attorney General’s Office to be very responsive and has been able to
successfully and promptly resolve the cases.