7 Alaska Admin. Code § 105.240

Current through May 31, 2024
Section 7 AAC 105.240 - Request for records
(a) At the request of the department, the department's fiscal agent, the Department of Law, or a representative of the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), a provider shall provide the records described in 7 AAC 105.230(b) - (d). The provider shall provide the records that are the subject of the request
(1) to the person making the request at the address specified in the request;
(2) no later than the deadline for production of the record that is specified in the request, unless the deadline is modified or extended under (c) of this section;
(3) without charge; and
(4) in the form stated in the request.
(b) When a request for records is made under (a) of this section,
(1) the provider may provide a copy of the record unless the request specifies that the original record must be provided; and
(2) the person making the request may review, copy, or take custody of the original record.
(c) Upon the written request of a provider, the department may modify or extend the time period for production of the record.
(d) If, in response to a request for a record under (a) of this section, the provider does not produce the record on or before the deadline specified in the request or the deadline modified or extended under (c) of this section,
(1) for purposes of an audit, program review, or investigation, the person making the request may consider the record to be nonexistent; and
(2) the department may deny a payment or may initiate a recoupment, another procedure to recover an overpayment, or sanctions under 7 AAC 105.410 based on a determination of the record's nonexistence under (1) of this subsection.

7 AAC 105.240

Eff. 2/1/2010, Register 193

Authority:AS 47.05.010

AS 47.07.030

AS 47.07.040