23 Miss. Code. R. 300-3.7 - Consolidation Requested by a Provider or the Division

A. A provider or the Division may request a consolidated hearing when two or more matters arise from the same fact pattern or involve the same issue of law. The administrative Hearing Officer may grant or deny a party's request for consolidation.

B. The Hearing Officer must take into account adjudication deadlines for each appeal and may require a requesting party to waive the adjudication deadline associated with one or more appeals if consolidation otherwise prevents the Hearing Officer from deciding all of the appeals at issue within their respective deadlines.

C. Notice of a consolidated hearing will be included in the notice of hearing.

D. After a Consolidated Hearing, the Hearing Officer may render either:

1. A consolidated decision and record, or

2. A separate decision and record on each appeal. If a separate decision and record on each appeal is made, the Hearing Officer is responsible for making sure that any materials, including documents, evidence and testimony, relevant to multiple issues are included in each hearing record as appropriate.

Notes

23 Miss. Code. R. 300-3.7

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

Adopted 3/1/2023