048-16 Wyo. Code R. §§ 16-21 - Reconsideration

(a) Request for reconsideration.

(i) A provider may request that the Department reconsider an adverse action. Such request shall be mailed to the Department via certified mail within twenty (20) business days after the mailing of the notice of the adverse action.

(A) The request must state with specificity the reasons for the request. Failure to provide such a statement shall result in the dismissal of the request with prejudice.

(B) A provider shall submit any additional relevant information at the time of the request.

(ii) A client may request that the Department reconsider a decision to recover overpayments. Such request must be submitted electronically via email to Department, made verbally to the Department, or mailed to the Department via certified mail, return receipt requested, within twenty (20) business days after the mailing of the notice of the adverse action.

(A) The request must state with specificity the reasons for the request. Failure to provide such a statement shall result in the dismissal of the request with prejudice.

(B) A client may submit any additional relevant information at the time of the request.

(b) The Department may request additional information from the party requesting reconsideration as part of the reconsideration process. Such a request shall be made in writing by certified mail, return receipt requested.

(i) The party to whom the request is directed must provide the requested information within thirty (30) business days after the date of the request.

(ii) Failure to provide the requested information shall result in the dismissal of the request for reconsideration with prejudice.

(c) The Department shall review the decision and send written notice of its final decision via certified mail, return receipt requested, to the party requesting reconsideration.

(i) The Department shall send its final decision within forty-five (45) business days after the Department receives the request for reconsideration or after the receipt of any additional information requested, whichever is later.

(d) Reconsideration shall be limited to whether the Department has complied with this Chapter or other applicable rules of the Department.

(e) The party requesting reconsideration or the Department may request an informal meeting before the final decision is made to determine whether the matter may be resolved.

(i) The substance of the discussions and/or settlement offers made pursuant to an attempt at informal resolution shall not be admissible as part of a subsequent administrative hearing or judicial proceeding.

(f) Failure to Request Reconsideration.

(i) A provider that fails to request reconsideration pursuant to this section may not subsequently request an administrative hearing regarding the adverse action.

(ii) A client may elect not to request reconsideration and may request an administrative hearing regarding the adverse action.

(A) Such a request for hearing shall be submitted electronically via email to Department, made verbally to the Department, mailed via certified mail, return receipt requested, or personally delivering a request for hearing to the Department within thirty (30) business days of the date of the notice of the adverse action.

(B) Failure to request reconsideration or an administrative hearing within the required time shall preclude the client's right to contest the adverse action.

Notes

048-16 Wyo. Code R. §§ 16-21

Amended, Eff. 4/30/2020.