3 Miss. Code. R. 1-06-605 - Appeal Process

1. The Division Director, on his/her own motion or on request of the medical provider, may reconsider a decision granting or denying a payment.

2. Reconsideration: If the Victim Compensation Division denies a payment request the medical provider may appeal the decision by notifying the Division in writing. The written request for a reconsideration should be provided within thirty (30) days from the date the medical provider received the decision notification from the Victim Compensation Division. The request should include the following and clearly state: (1) that the medical provider is requesting a reconsideration; (2) in a brief statement, the reason the provider is requesting a reconsideration; and (3) any information omitted from the original payment request that would have resulted in a different decision had the information been provided to the Division.

3. Contested Hearing: If the Victim Compensation Division upholds the original decision the medical provider may appeal the decision by notifying the Division in writing. The written request for a contested hearing should be provided within thirty (30) days from the date the medical provider receives the decision notification from the Victim Compensation Division. The request should include the following and clearly state: (1) that the medical provider is requesting a contested hearing; (2) in a brief statement, the reason the provider is requesting a contested hearing; and (3) any information omitted from the original payment request that would have resulted in a different decision had the information been provided to the Division.

4. Failure to appear at the hearing, without good cause, will be considered as a withdrawal, waiving the right to appeal and will result in dismissal of the claim.

5. The medical provider will be notified of all appeal request decisions in writing.

6. Circuit Court: A medical provider who disagrees with the contested hearing decision may appeal to the circuit court where the medical provider is located or the Circuit Court of the First Judicial District of Hinds County by filing a petition with the clerk of the court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, conditioned upon the payment of all costs of appeal, including the cost of preparing the transcript of the contested hearing. The petition and bond shall be filed within thirty (30) days of receipt of the contested hearing decision.

7. The decision of the contested hearing becomes the final ruling of the Director within thirty (30) days of notification of the decision if no appeal before the circuit court is made.

Notes

3 Miss. Code. R. 1-06-605