Ill. Admin. Code tit. 89, § 104.210 - Right to Hearing
a) An
entity may request a hearing within 10 days after the entity's receipt of the
Department's notice of:
1) the Department's
decision to deny an application (as provided in Section
104.204
);
2) the Department's intent to
recover money (as provided in Section
104.206
);
3) the Department's intent to
terminate or suspend a vendor's eligibility or terminate (or not renew) a
vendor's provider agreement or revoke an alternate payee (as provided in
Section
104.208
);
4) the Department's written
decision issued pursuant to Section
104.205(d).
b) A request for hearing must be
received by the Department within 10 days after the date on which the vendor or
alternate payee received the Department's notice.
c) This request must be in writing and must
contain a brief statement of the basis upon which the Department's action is
being challenged.
d) If the request
is not received within 10 days, or is received but later withdrawn, the
Department's decision and the grounds asserted in the notice as the basis for
that decision shall be a final and binding administrative
determination.
e) In actions
initiated pursuant to Section
104.206
or
104.208(b),
if a vendor or alternate payee requests a hearing, that request shall not delay
the effective date of action set forth in the notice. In all other actions
initiated pursuant to Section
104.204
or
104.208(a), (d) or
(e), the action shall not take place until
the final administrative decision has been issued.
f) A long term care facility may request a
hearing within 60 days after receipt of the Department's notice on any action
initiated pursuant to Section
104.208(c) or
(d). For a nursing home (not an ICF/MR
facility), the request shall not delay the effective date of action set forth
in the notice pursuant to Section
104.208(c).
Notes
Amended at 37 Ill. Reg. 12838, effective July 24, 2013
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