P1705 How to Process Voluntary Withdrawals

Program	Manual Section
All Programs	MA1705

Procedures

The following procedures describe the steps for processing voluntary withdrawals for appeals. The processes are different depending on which agency is processing the hearing request. Therefore, this section is split into separate procedure sections by agency.

1) DES – How to Process a Voluntary Withdrawal for MA

The procedures for DES/FAA staff are located in the CNAP Manual at FAA6.F03E Appeals - Appeal Request Withdrawals.

2) AHCCCS - How to Process a Voluntary Withdrawal (VW)

The procedures below describe the steps to take for:

Verbal VW requests, and
Written VW requests.

Voluntary Withdrawal of the Appeal - Verbal Requests

When the customer verbally requests to voluntarily withdraw the appeal, take the following steps:

Step	Action
1	When the customer states that he does not want to go to hearing, confirm what the customer said by paraphrasing and ask him if you heard him correctly. For example: The customer says, “I have too much money in my bank account and I don’t want to talk to the judge.” You say, “I hear you saying that you understand that you are over our resource limit and you would like to cancel the hearing. Did I hear you correctly?” NOTE It is extremely important that you avoid saying, “This conversation will cancel your hearing”. Instead, explain that you will request that the customer’s hearing be canceled.
2	Explain to the customer that the hearing process will continue until they receive a letter from AHCCCS.
3	On the Pre-Hearing Discussion (DE-147) form, write down in detail what you and the customer said.
4	Add the date of the pre-hearing discussion in case notes.
5	Email DMPSEligibilityHearings@azahcccs.gov to notify the DMPS Appeals Unit that a VW has been received and attach the completed DE-147 form. In the subject line of the email, include: VW/[customer name]/[customer PID] NOTE When the hearing has already been scheduled, also include the hearing date in the subject line.
6	Were benefits, KidsCare premiums, or the Share of Cost continued at their previous level during the appeal process? If NO, STOP. The DMPS Appeals Unit will contact you if they need anything else. If YES, continue to step 4.
7	When you do not know whether or not the hearing has already been scheduled, contact the DMPS Appeals Unit. Has the hearing been scheduled with OAH? If YES, do not take action to discontinue benefits or increase the customer’s Share of Cost until you are notified by OEA that the hearing has been vacated and dismissed. If NO, take immediate action to stop continued benefits or apply the correct Share of Cost. NOTE The DMPS Appeals Unit will work with DES to apply the correct KidsCare premium.
8	If the customer calls within 10 days stating that he would like to proceed with the appeal, email DMPSEligibilityHearings@azahcccs.gov to alert OEA. OEA will contact the customer.

Voluntary Withdrawal from the Appeal - Written Requests

When the customer submits a Voluntary Withdrawal of Hearing Request (DE-171) form or other written request to voluntarily withdraw the appeal, take the following steps:

Step	Action
1	Scan the document into DocuWare or upload to HEAplus, as appropriate.
2	Email DMPSEligibilityHearings@azahcccs.gov to notify the DMPS Appeals Unit that a VW has been received and where it was uploaded. In the subject line of the email, include: VW/[customer name]/[customer PID] NOTE When the hearing has already been scheduled, also include the hearing date in the subject line. If you have been asked to attend the hearing, you must plan to attend the hearing until you are notified that the hearing has been vacated.
3	Were benefits, KidsCare premiums, or the Share of Cost continued at their previous level during the appeal process? If NO, STOP. The DMPS Appeals Unit will contact you if they need anything else. If YES, continue to step 4.
4	When you do not know whether or not the hearing has already been scheduled, contact the DMPS Appeals Unit. Has the hearing been scheduled with OAH? If YES, do not take action to discontinue benefits or increase the customer’s Share of Cost until you are notified by OEA that the hearing has been vacated and dismissed. If NO, take immediate action to stop continued benefits or apply the correct Share of Cost. NOTE The DMPS Appeals Unit will work with DES to apply the correct KidsCare premium.
5	If the customer calls within 10 days stating that he would like to proceed with the appeal, email DMPSEligibilityHearings@azahcccs.gov. The DMPS Appeals Unit will contact the customer.