Budget Amendment ID: FY2014-S3-646

EHS 646

DCF Fair Hearings

Messrs. Barrett and Rosenberg and Ms. Creem and Ms. Candaras and Mr. Brownsberger and Ms. Jehlen and Messrs. McGee and Rush moved that the proposed new text be amended in section 2, in item 4800-0015, by striking after “receive such services,” the following:-

“provided further, that the department shall report biannually to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on the department’s policy and plan for eliminating its backlog of administrative hearing requests; provided further, that each report shall: (i) include a benchmark for the number of fair hearing requests to be closed in the upcoming quarter; and (ii) identify the number of fair hearing requests that are pending and the number of fair hearing requests that are pending for more than 180 days as of the conclusion of the most recent quarter; provided further, that for the purpose of this allocation only, "the department’s fair hearing backlog" shall mean those cases pending for more than 180 days from the date of the hearing request”

and inserting in place thereof the following:-

“provided further, that not later than September 13, 2013 the department shall promulgate and implement regulations which shall ensure that the department shall maintain a timely, independent and fair administrative hearing system; provided further, that the department shall report to the house and senate committees on ways and means and joint committee on children, families and persons with disabilities on December 31, 2013 and March 31, 2014,  a) on the fair hearing requests filed in FY 2014, stating for each hearing request using non-identifying information: 1) the subject matter of the appeal;  2) the number of days between the hearing request and the first day of the hearing;  3) the number of days between the first day of the hearing and the hearing officer’s decision;  4) the number of days between the hearing officer’s decision and the agency’s final decision ; 5) the number of days of continuance granted at the appellant’s request;  6) the number of days of continuance granted at DCF’s or the hearing officer’s request (specifying which);  7) whether the departmental decision that was the subject of the appeal was affirmed or reversed; and b) on fair hearing requests filed prior to fiscal year 2014 which are pending for more than 180 days stating the number of such cases, how many of them have been heard but not decided, and how many of them have been decided by the hearing officer but not yet issued as a final agency decision”