Md. Code Regs. 10.01.09.03 - Notice of Appeal
A. An
opportunity for a hearing shall be provided to any hospital or nursing home
that requests review of a final cost settlement by filing a written notice of
appeals with the Board not later than 30 days after receipt of the notice of
final cost settlement. This notice shall be filed in a format prescribed by the
Board.
B. The notice of appeal
shall be delivered in person to the Board at the address designated by the
notice of final cost settlement or shall be sent by registered or certified
mail, return receipt requested.
C.
The notice of appeal shall describe with specificity the particular cost
adjustments appealed by the provider as well as the fiscal years in which those
adjustments have been applied.
D.
The provider may elect one of the following types of procedures:
(1) The consideration by the Board solely of
written material submitted by the provider and the Medical Assistance Program,
or its designee, and upon which the Board shall render a decision. The Board
may establish time limits within which the material is to be
submitted.
(2) The consideration by
the Board of written material submitted by the provider and the Medical
Assistance Program, or its designee, and brief, informal oral arguments. Each
party may submit oral arguments by not more than two persons. Formal testimony,
swearing in, or witnesses or recording of proceedings may not take place. The
Board shall render a decision based upon the written materials submitted and
the oral arguments presented.
(3) A
full evidentiary hearing, including a prehearing conference, in accordance with
Regulations .04, .05, and .06 of this chapter.
E. The procedures provided in §D(3) of
this regulation will be followed if the Medical Assistance Program objects in
writing to the election of a procedure provided for in §D(1) or (2) of
this regulation within 10 working days of receipt of the election.
F. The Board shall prescribe the format in
which the provider may elect the type of procedure desired with the submission
of an appeal. This election shall be binding and constitutes a waiver of any
other form of hearing before the Board for that particular appeal unless the
Medical Assistance Program objects in the manner provided in §E of this
regulation.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.