1.
Purpose. This policy is provided to allow for appealing decisions made by
Developmental Disabilities Services (DDS) regarding the following programs:
A. Human Development Centers (HDCs)
B. Community Programs and Services
C. Medicaid Home and Community Based Waiver
Services
D. Licensure of Community
Programs/Services and Certification of Providers of Waiver Services, Providers
of Early Intervention Voucher Services and Independent (Self-Employed) Care
Coordinators
E. Nursing Facility,
PASSAR determinations. These determinations are made, as required, by the 1987
Omnibus Budget Reconciliation Act (OBRA) for persons with a ID/DD diagnosis who
seek admission or for whom admission is sought to a Nursing Facility. It
includes annual reviews for continued stay.
2.
Scope. This
policy applies to recipients of services, their parents/guardians, Community
Programs, Service Providers, Care Coordinators , other interested parties and
all DDS employees.
The Board of Developmental Disabilities Services, according to
DDS Board Policy 1003, has delegated its authority to hear appeals to the DDS
Director. The DDS Director hereby adopts this Appeal Policy to apply to
all appeals of DDS services.
3.
General
Provisions:
A. All
reconsiderations and appeals of DDS decisions shall be made in accordance with
the Administrative Procedures Act, Ark. Code Ann. §
25-15-201 et
seq.; the Medicaid Fairness Act, Ark. Code Ann. §
20-77-1701
et seq.; and the Medicaid Provider Manual §§ 160.000, 190.000, and
191.000.
B. Reconsiderations will
be heard by the DDS Director or their designee, and must be filed within
fifteen (15) business days of receipt of the denial notice. Reconsideration
Requests should be mailed to:
DDS Director's Office
P.O.Box 1437, SlotN501
Little Rock, AR 72201-1437
References: DDS Board Policy #1003; Ark. Code Ann. §
25-15-201 et
seq.; Ark. Code Ann. §
20-77-1701
et seq.; Medicaid Provider Manual §§
160.000,
190.000,
191.000
Administrative Rules & Regulations Sub Committee of the
Arkansas Legislative Council: