23 Miss. Code. R. 300-3.5 - After the Hearing

A. After the hearing has concluded, the Hearing Officer shall issue a recommendation with respect to the Final Agency Action. The standard of review to be applied by the Hearing Officer is whether the Final Agency Action was:

1. Unsupported by substantial evidence,

2. Arbitrary and capricious,

3. Beyond the power of the administrative agency to make, or

4. Violated the complaining party's statutory or constitutional rights.

B. The Hearing Officer may recommend upholding the Final Agency Action in whole or in part; reversing it in whole in part; or recommend sending it back to DOM for reconsideration.

C. The Executive Director of the Division of Medicaid, upon a review of the proceedings and the recommendation of the Hearing Officer, will issue a Final Decision. The Executive Director may adopt the recommendation of the Hearing Officer, amend the recommendation of the Hearing Officer and adopt that as the Final Decision, or remand the matter back for reconsideration. The Executive Director may assess all or any part of the costs of the administrative hearing to the provider if the provider is not the prevailing party on any or all of the issues subject to the provider's appeal. The Executive Director may grant sanctions at the Executive Director's discretion or at the recommendation of the Hearing Officer.

Notes

23 Miss. Code. R. 300-3.5

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

Adopted 3/1/2023