"AHCCCS Hearings Make Smooth Transition to the OAH"

by Cliff J. Vanell, Director October 1999 Vol. 13

Beginning July 1, 1999, hearings previously conducted by the Arizona Health Care Cost Containment System (AHCCCS) were transferred to the Office of Administrative Hearings (OAH).

Dorinda Lang, Gary Strickland, Maurice Wakefield, and Maurice McWhirter, formerly hearing officers with the AHCCCS Office of Legal Assistance (OLA), were reassigned to the OAH. Maureen Bromert and Mary Vargas, formerly staff with the AHCCCS OLA, have also joined the OAH.

A total of 697 hearings have been requested since July 1, 1999, with an additional 214 hearings previously calendared in anticipation of the July transfer. The 1st Quarter conclusion rate for AHCCCS cases was 90%, defined as the number of cases concluded over the number of cases scheduled from July 1, 1999 - September 30, 1999. 50% of cases scheduled proceed to formal hearing (314), with the remaining cases being vacated due to the complaint's withdrawal or settlement (314). The accompanying graph illustrates the varied types of hearings which have been concluded.

In anticipation of the AHCCCS transfer, the Office of Administrative hearings sought, and was granted a modification of Supreme Court Rule 31 dealing with the practice of law, to permit individual parties in AHCCCS cases to be represented by anyone, provided that no fee was paid for the service. Likewise, legal entities, such as health plans were permitted to be represented by full-time officers or employees, provided that the representation was incidental to the duties of such officers or employees and no fee was earned for the representation. As modified, Rule 31 has conformed administrative practice before the OAH with Supreme Court standards while permitting parties to participate in the administrative hearing process without unnecessary expense as envisioned by the administrative reform efforts that created the OAH.

The successful transition of such a large practice is a testament to what can be accomplished through cooperation and commitment to a shared mission of quality in government. The OAH thanks Phylliss Biedess, AHCCCS Director, for her support. The OAH recognizes the hard work of Director Biedess and her team: Lynn Dunton, Gina Relkin, Matt Devlin, Jim Cockerham, Margaret Leigh, Rebecca Edstrom, Vickie Holly, Christie Elizondo, Joseph Ruiz, Barbara Bratcher, Todd Jensen, Marianne Connolly, Michael Veit, Chris Bastian, Laurie Montgomery, Cheri Tomlinson, and Celia Baxter. The OAH also gratefully acknowledges Leigh Cheatham, who worked as special liaison to the OAH during the transition.

Since the transition, the OAH and AHCCCS have continued to work together to simplify procedures and streamline rules to make government more accessible and efficient. For its part, the OAH pledges to apply itself to this new practice to ensure that all parties receive full, fair, impartial, independent, and prompt hearings.