Pursuant to 18 NYCRR ยง 358-4.3(c)(1), a Managed Care Organization (MCO) can request a waiver of personal appearance and submit to OAH's Albany office, prior to the hearing date, a waiver request and evidentiary packet. Waiver requests will be reviewed and granted on a case-by-case basis. No "blanket" waivers of appearance will be granted at this time.
Even in situations where a waiver of appearance has been granted, the Administrative Law Judge (ALJ) may require the testimony of an MCO representative at the time of the hearing. A primary contact person and a designated back-up contact must be available during the course of the hearing to accept a telephone call from the ALJ. The primary and back-up contact persons' names and telephone numbers must be included on the request for waiver.
When the hearing is scheduled as a telephone hearing, it is essential that the MCO mail the appellant and/or representative a copy of the evidence packet prior to the hearing even when not requested by the client.
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