Kan. Admin. Regs. § 129-9-14

Current through Register Vol. 44, No. 2, January 9, 2025

Section 129-9-14 - Department's review of decision

(a) Upon receipt of notice that a request for a state fair hearing has been made, the MCE's denial of an authorization for a new healthcare service, the MCE's action, any decision by the external independent third-party review, or the secretary's action shall be reviewed by the department. Upon review, the decision may be amended or changed before or during the state fair hearing as directed by the department.

(b) If the parties reach a satisfactory adjustment before the state fair hearing, a written request to dismiss the state fair hearing request shall be submitted by the MCE or the department to the presiding officer, but the state fair hearing request shall remain pending until the following are completed:

(1) Upon receipt of the MCE's or the department's request to dismiss, the presiding officer shall issue a prehearing order to the appellant providing a 15-day response time. If the 15^th day falls on a non-business day for the state, the 15-day response time shall be extended to the next business day on which the department is open for business. Three days shall be added to the 15-day response period if the order is served by U.S. mail or electronic means. If the third day falls on a non-business day for the state, the time period shall be extended to the next business day on which the department is open for business.

(2) If the appellant responds to the presiding officer within the above response time, the respondent may reply within five days.

(3) The presiding officer shall review the appellant's response and any respondent's reply and make a determination regarding the MCE's or the department's request to dismiss.

(4) If the appellant fails to respond to the presiding officer's order within the above response time, the presiding officer may dismiss the state fair hearing request.

(c) If the parties reach a satisfactory adjustment during the state fair hearing, an oral withdrawal stated on the record by the appellant or the appellant's representative before the presiding officer shall be acceptable.

(d) If the appellant withdraws the state fair hearing request, withdrawal of the state fair hearing request by means of the internet, telephone, U.S. mail, in-person contact, or facsimile shall be accepted by the MCE or the department.

(1) For telephonic, internet, and in-person withdrawals, the appellant shall be provided with written confirmation, by regular U.S. mail or electronic notification.

(2) For telephonic state fair hearing withdrawals, the appellant's statement shall be recorded by the department. This recording process shall include electronic or contemporaneous written documentation of the appellant's oral statement by the department.

(3) If the appellant submits a signed, written statement withdrawing the appellant's request for a state fair hearing, the presiding officer shall close the state fair hearing request.

Kan. Admin. Regs. § 129-9-14

Authorized by and implementing K.S.A. 651,254 and 75-7403; adopted by Kansas Register Volume 43, No. 50; effective 12/27/2024.