Idaho Admin. Code r. 16.07.17.003

Current through September 2, 2024
Section 16.07.17.003 - ADMINISTRATIVE APPEALS
01.Appeal of Denial Based on Eligibility Requirements. Administrative appeals from a denial of substance use disorder services based on eligibility requirements are governed by the provisions of IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings."
02.Appeal of Decision Based on Clinical Judgment. Decisions involving ASAM clinical judgment, including the category of services, the particular provider of services, or the duration of services, are reserved to the Department, and are not subject to appeal, administratively or otherwise, under Maresh v. State, 132 Idaho 221, 970 P.2d 14 (Idaho 1999).
03.Appeal by a Substance Use Disorder Services Provider or Program. Administrative appeals from a decision that a substance use disorder services provider or program is out of compliance with these rules are governed by the provisions of IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings." An appeal does not stay Department action.

Idaho Admin. Code r. 16.07.17.003

Effective March 17, 2022