How Does an Appeal of a MassHealth Fair Hearing Denial into the Court System Work?

by:   Brian E. Barreira, Esq.

If you lose your fair hearing after having received a MassHealth denial, you can file a so-called 30A appeal into Superior Court. You have 30 days from the date of the fair hearing decision to file the action, and can file it either in Suffolk County, where state government is located, or in the county where the MassHealth applicant is domiciled.

The judge in a 30A appeal is only allowed to look at the evidentiary record at the fair hearing. New evidence cannot be introduced at a 30A appeal, so it important not to take any fair hearing lightly. The grounds listed in Massachusetts General Laws, Chapter 30A that a judge can use to overturn the fair hearing decision are that it was in excess of statutory authority or jurisdiction of the agency, based upon an error of law, made upon unlawful procedure, unsupported by substantial evidence, arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law.

A written transcript of the recorded fair hearing is made available by the MassHealth Board of Hearings to the Superior Court at the expense of the person filing the appeal.

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