Burden of proof is key in every legal proceeding. The attorney needs to know who has the burden of proof and what is the burden of proof. In a criminal proceeding, for example, the state has the burden of proving that the defendant is guilty beyond a reasonable doubt. So what is the burden of proof at a Medicaid Managed Care Fair Hearing, and who has to meet that burden of proof?

What is the easiest way to win a Fair Hearing? Avoid having the hearing heard in the first place. While this may sound easier said than done, a knowledgeable attorney can actually get many Fair Hearings dismissed on procedural grounds.

Whether you’re a managed care plan or a nursing home provider, collecting a patient’s Net Available Monthly Income ("NAMI") debt or excess income ("spend-down") can be a constant struggle. You are plagued with questions. Where are those income checks going? Who is accessing them? How are they being spent? What steps can I take to have the checks applied to the patient’s cost of care?