I have a state fair hearing scheduled, what should I do first?
The first thing you should do is carefully read the letter you received with the hearing date and time. It might be long, but it contains very important information.
Do I have to go to the courthouse?
No—most state fair hearings are conducted on the phone, unless you specifically requested an in-person hearing when you originally asked for a hearing.
Who oversees the hearing?
All state fair hearings are before an Administrative Law Judge (ALJ). The ALJs are not part of the managed care organizations and are completely independent.
Can I present evidence?
Yes. This is your chance to tell the ALJ why you should receive the services at issue in the hearing and show them any documentation you believe may help.
What type of evidence should I present?
This will depend on the type of case, but we recommend you submit anything important to your argument. This could include medical records, photos, letters of support from professionals involved in your case, etc. These documents must be submitted ahead of time and are called exhibits.
When do I have to submit the exhibits?
You must submit all of the exhibits at least 5 business days ahead of the hearing date to the Department of Inspections and Appeals Administrative Hearings Division. They can be emailed to adminhearingsdhs@dia.iowa.gov or faxed to (515)-281-4477. Remember that you must also provide a copy of the exhibits to the opposing party (the side against you). This will typically be the HHS worker or Managed Care Organization involved in your case. If you need this person’s mailing address you can call the Appeals Bureau at (515)-281-8774.
What if I have witnesses?
You will be able to have the witnesses testify at the hearing. They must be present on the phone at the time the hearing takes place. They will not receive notice or information about the hearing so you must share the call-in phone number with your witnesses if they will not be present with you.
What happens at the hearing?
The ALJ conducts the hearing. They will get on the phone and start with introductions and then explain the hearing process to all participants. Each side has an opportunity to present their evidence, tell their side of the story, have witnesses testify, and question any evidence or witnesses presented by the other side.
Will the ALJ make their decision that day?
No. The ALJs will consider all the testimony and evidence and put their decision in writing. It will be mailed to you at home, typically within about 30 days. This letter will also include appeal rights and instructions.
Do I need a lawyer?
You are not required to have a lawyer at a state fair hearing. But it is always a good idea to consult one. You can contact DRI’s intake line at (515)-278-2502 or contact Iowa Legal Aid at 1-800-532-1275.
