HAR §17-1736-34
HAR §17-1736-34. Limitation of the right to review
Cite as Haw. Code R. § 17-1736-34
A
provider shall not have a right to an administrative
hearing if:
(1) The provider fails to request in writing a
fair hearing from the med-QUEST administrator
of DHS within the time specified in section
17-1736-33(b);
(2) The administrative action is one of
suspension or termination, based upon a final
administrative decision of a state or federal
agency withdrawing the license,
certification, authorization, or permit of
the provider to practice or furnish the
health care specialty for which the provider
is certified under the Hawaii medical
assistance program; or
(3) The administrative action is for suspension
or termination and is based upon a state or
federal court conviction of the provider of
an offense involving fraud or abuse relating
to the medicaid program.
UNOFFICIAL
1736-20
[Eff 08/01/94 ] (Auth: HRS §346-14; 42
C.F.R. §431.10) (Imp: 42 C.F.R. §§431.10,
455.16)
§17-1736-35 Appearance by representatives of the
provider and the department. (a) In all matters
involving an administrative hearing, a provider may
represent him or herself or be represented by an
attorney or other person. A provider shall not have a
right to legal counsel appointed at state expense. If
the provider is represented by another person, that
person's name, address, and telephone number shall be
provided to the DHS med-QUEST administrator and to the
hearing officer prior to the administrative hearing.
(b) Upon receipt of the name of the provider's
representative, the med-QUEST administrator shall
provide to that representative, the name, address, and
telephone number of the department's representative.
[Eff 08/01/94 ] (Auth: HRS §346-14; 42 C.F.R.
§431.10) (Imp: HRS §91-9; 42 C.F.R. §455.13)