23 Miss. Code. R. 300-3.3 - Pre-Hearing Procedure

A. Within thirty (30) calendar days after a Final Agency Action has been made, the provider may request a formal administrative hearing.

B. Appeal requests must:

1. Be written,

2. Explain the facts that support the provider's position,

3. Supply reasons the provider purports to have complied with the Medicaid regulations,

4. Include any available documentation supporting the provider's request, and

5. Be timely and proper.

a) Appeals that are not both timely and proper are not subject to review and will not be considered by the agency.

b) The only exception to the timeliness requirement is when a provider can show good cause for late filing. The Executive Director of the Division of Medicaid or the Executive Director's designee will decide whether the provider has submitted good cause.

C. The Office of Appeals will notify the provider of approval or denial to take the appeal.

D. The Executive Director or designee of the Division of Medicaid shall notify the provider in writing by certified, return receipt mail at least thirty (30) days in advance of the date that the matter has been set for an administrative hearing. This notice period may be waived if both parties agree.

Notes

23 Miss. Code. R. 300-3.3

42 C.F.R. Part 455 Subpart E; Miss. Code. Ann. § 43-13-121

Adopted 3/1/2023