10A N.C. Admin. Code 22J .0103 - RECONSIDERATION REVIEW PROCESS
(a) Upon
receipt of a request for a reconsideration review that is submitted timely
pursuant to Rule .0102 of this Subchapter, the Deputy Director shall appoint a
reviewer or panel to conduct the review. The Division shall arrange with the
provider a time and date of the hearing. The provider shall reduce his
arguments to writing and submit them to the Division no later than 14 calendar
days prior to the review. Failure to submit written arguments within this time
frame shall be grounds for dismissal of the reconsideration, unless the
Division within the 14 calendar day period agrees to a delay for good cause.
For purposes of this Rule, "good cause" is an action outside the control of the
provider.
(b) The provider shall be
entitled to an in-person review meeting unless the provider agrees to a review
of documents only or a discussion by telephone.
(c) Following the review, the Division shall,
within 30 calendar days or such additional time thereafter as specified in
writing during the 30 day period, render a decision in writing and send it by
certified mail to the provider or his representative.
Notes
Eff. January 1, 1988;
Pursuant to G.S. 150B-33(b)(9), Administrative Law Judge Augustus B. Elkins, II declared this rule void as applied in Psychiatric Solutions, Inc., d/b/a/ Holly Hill Hospital v. Division of Medical Assistance, North Carolina Department of Health and Human Services (02 DHR 1499);
Readopted Eff. July 1, 2018.
Eff. January 1, 1988;
Pursuant to G.S. 150B-33(b)(9), Administrative Law Judge Augustus B. Elkins, II declared this rule void as applied in Psychiatric Solutions, Inc., d/b/a/ Holly Hill Hospital v. Division of Medical Assistance, North Carolina Department of Health and Human Services (02 DHR 1499).
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