7 AAC 43.703. Administrative appeal

(a) Within 30 days after the date a written determination under 7 AAC 43.701(a) is mailed, a facility aggrieved by that determination may request reconsideration under 7 AAC 43.701(b) or may file a written notice of appeal with the commissioner. In the notice of appeal, the facility must

(1) set out a statement of issues;

(2) identify the basis for the facility's contention that the written determination of the prospective payment rate is incorrect;

(3) specify the relief requested;

(4) provide a name, address, telephone number, and other contact information for the facility representative designated as the point of contact for the appeal; and

(5) include a certificate of mailing.

(b) If a request for reconsideration under 7 AAC 43.701(b) is denied, or if a facility is aggrieved by a decision on reconsideration under 7 AAC 43.701(b) , the facility may file a written notice of appeal with the commissioner within 30 days after the date the denial or decision is mailed. In the notice of appeal, the facility must

(1) set out a statement of issues;

(2) identify the basis for the facility's contention that the written determination of the prospective payment rate is incorrect;

(3) specify the relief requested;

(4) provide a name, address, telephone number, and other contact information for the facility representative designated as the point of contact for the appeal; and

(5) include a certificate of mailing.

(c) If a decision on a prospective payment rate is appealed to the commissioner, that rate will be effective subject to adjustment based on the commissioner's decision on the administrative appeal.

(d) A notice of appeal under (a) or (b) of this section must be filed at the office of the commissioner in Juneau, and a copy must be sent to the Anchorage office of the department staff that oversees Medicaid payment rates.

(e) The commissioner will deny an administrative appeal as untimely if not filed within the time limits set out in this section.

History: Eff. 3/13/89, Register 110; am 8/11/95, Register 135; readopt 8/7/96, Register 139; am 9/5/97, Register 143; am 1/1/2004, Register 168

Authority: AS 47.05.010

AS 47.07.070

AS 47.07.075

Editor's note: Effective 8/7/96, Register 139, the Department of Health and Social Services readopted 7 AAC 43.703 in its entirety, without change, under AS 47.05 and AS 47.07. Executive Order No. 72 transferred certain rate-setting authority to the department.

The address for filing of the original of a notice of appeal under 7 AAC 43.703(a) or (b) is Office of the Commissioner, Room 229, Alaska Office Building, P.O. Box 110601, Juneau, Alaska 99811-0601. The address for sending a request for reconsideration, or for sending copies described in 7 AAC 43.703(d) is Department of Health and Social Services, Office of Rate Review, 4710 Business Park Boulevard, Suite 44, Anchorage, Alaska 99503-7100.

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.