Section 75-02-07.1-29 - Reconsiderations and appeals1.Reconsiderations.a. Any requests for reconsideration of the final rate must be filed with the department within thirty days of the date of the rate notification. b. A request for reconsideration must include: (1) A statement of each disputed item and the reason or basis for the dispute; (2) The dollar amount of each adjustment that is disputed; and (3) The authority in statute or rule upon which the facility is relying for each disputed item. c. The department may request additional documentation or information relating to the disputed item. If additional documentation is not provided within fourteen days of the department's request, the department shall make its determination based on the information and documentation available as of the fourteenth day following the date the department requested additional documentation. d. The department shall make a determination regarding the reconsideration within forty-five days of receiving the reconsideration filing and any requested documentation. 2.Appeals.a. A provider dissatisfied with the final rate established may appeal upon completion of the reconsideration process as provided for in subsection 1. An appeal may be perfected by mailing or delivering, on or before five p.m. on the thirty-first day after the date of mailing of the determination made with respect to a request for reconsideration, the information described in this subsection to the department, at the address the department designates. An appeal under this section is perfected only if accompanied by written documents including: (1) A copy of the letter received from the department advising of the decision on the request for reconsideration; (2) A statement of each disputed item and the reason or basis for the dispute; (3) A computation and the dollar amount that reflects the appealing party's claim as to the correct computation and dollar amount for each disputed item; (4) The authority in statute or rule upon which the appealing party relies for each disputed item; and (5) The name, address, and telephone number of the person to whom all notices regarding the appeal may be sent. N.D. Admin Code 75-02-07.1-29
Effective July 1, 1996; amended effective July 1, 1998.General Authority: NDCC 50-06-16, 50-24.5-02(3)
Law Implemented: NDCC 50-24.5-02(3)