Haw. Code R. § 17-1443-5 - Appeal

(a) A nursing facility may appeal the department's decision not to approve the nursing facility's feeding assistant program. When the department does not approve a feeding assistant program, the department shall mail a written notice via certified mail to the nursing facility. The written notice shall include:

(1) The reasons for the action being taken by the department; and

(2) A Statement explaining the nursing facility right to appeal the department's decision to the director of the department, no later than thirty days after the date of the notice of the action.

(b) Upon receiving a timely written appeal, the director of the department shall give notice of and an opportunity for a hearing before a hearing officer. Based on the evidence presented at the hearing, the hearing officer shall make the final decision for the department as to whether the approval shall not be granted.

(c) At any hearing provided for by this section, the nursing facility may be represented by counsel and shall have the right to call, examine, and cross-examine witnesses. Evidence may be received even though inadmissible under rules of evidence applicable under court procedures.

(d) The hearing. officer's decision shall be in writing, shall contain findings of fact and rulings of law,, and shall be mailed to the nursing facility by certified or registered mail.

Notes

Haw. Code R. § 17-1443-5

[Eff JUL 12 2013] (Auth: HRS §§ 346-14, 346-46) (Imp: 42 C.F.R. §483.151)