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a handbook for parents of children with autism spectrum disorders

a handbook for parents of children with autism spectrum disorders

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ANSWERS TO YOUR QUESTIONS<br />

What is a Fair Hearing?<br />

In some cases you or your representative can ask the Department <strong>of</strong> Public<br />

Welfare to hold a hearing because you are unhappy about, or do not agree<br />

<strong>with</strong>, something Community Care did or did not do. These hearings are called<br />

Fair Hearings. You can ask <strong>for</strong> a Fair Hearing at the same time you file a<br />

complaint or grievance, or you can ask <strong>for</strong> a Fair Hearing after Community<br />

Care decides your First or Second Level complaint or grievance.<br />

What kinds <strong>of</strong> things can I request a Fair Hearing <strong>for</strong>, and when do I<br />

have to ask <strong>for</strong> a Fair Hearing?<br />

Common<br />

characteristics <strong>of</strong><br />

Autism include:<br />

Difficulty mixing and<br />

relating <strong>with</strong> other<br />

people.<br />

Inappropriate<br />

laughing and<br />

giggling.<br />

No fear <strong>of</strong> real<br />

dangers.<br />

Apparent<br />

insensitivity to pain.<br />

Inappropriate<br />

attachment to<br />

objects.<br />

Extreme emotional<br />

distress <strong>for</strong> no<br />

discernible reason.<br />

If you are unhappy because …<br />

Community Care decided to deny a<br />

service because it is not a covered<br />

service<br />

Community Care decided not to pay<br />

a provider <strong>for</strong> a service you received<br />

AND the provider can bill you <strong>for</strong> the<br />

service<br />

Community Care did not decide your<br />

First Level complaint or grievance<br />

<strong>with</strong>in 30 days <strong>of</strong> when you filed it<br />

Community Care decided to deny,<br />

decrease, or approve a service<br />

different than the service your<br />

provider requested because it was<br />

not medically necessary<br />

Community Care’s provider did not<br />

give you a service by the time you<br />

should have received it<br />

And you ask <strong>for</strong> a Fair Hearing,<br />

you must do so …<br />

<strong>with</strong>in 30 days <strong>of</strong> getting a letter<br />

from Community Care telling you <strong>of</strong><br />

this decision OR <strong>with</strong>in 30 days <strong>of</strong><br />

getting a letter from Community Care<br />

telling you its decision after you filed<br />

a complaint about this issue.<br />

<strong>with</strong>in 30 days <strong>of</strong> getting a letter<br />

from Community Care telling you <strong>of</strong><br />

this decision OR <strong>with</strong>in 30 days <strong>of</strong><br />

getting a letter from Community Care<br />

telling you its decision after you filed<br />

a complaint about this issue.<br />

<strong>with</strong>in 30 days <strong>of</strong> getting a letter<br />

from Community Care telling you that<br />

we did not decide your complaint or<br />

grievance <strong>with</strong>in the time frame we<br />

were supposed to follow.<br />

<strong>with</strong>in 30 days <strong>of</strong> getting a letter<br />

from Community Care telling you <strong>of</strong><br />

this decision OR <strong>with</strong>in 30 days <strong>of</strong><br />

getting a letter from Community Care<br />

telling you its decision after you filed<br />

a grievance about this issue.<br />

<strong>with</strong>in 30 days from the date you<br />

should have received the service<br />

OR <strong>with</strong>in 30 days <strong>of</strong> getting a letter<br />

from Community Care telling you its<br />

decision after you filed a complaint<br />

about this issue.<br />

- Page 26 -

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