15 MAC Pt. 3, R. 1.1.7
Appeals Process
Cite as 15 Miss. Admin. Code Pt. 3, R. 1.1.7
Appeals Process
1.
An Eligible Beneficiary may appeal any award or disqualification notice
received from the Department by giving written notice within ten (10)
calendar days of the date of the notice of award decision. The appeal must
be received by the Program at the address below by 5:00 p.m. CST of the
7th day.
2.
If an appeal is not made within the seven (7) calendar day timeframe, the
Eligible Beneficiary will have waived its right to appeal the decision and
the original decision shall be deemed final. Appeals must be written and
state with specificity the basis for the Eligible Beneficiary’s disagreement
with the decision. Appeals are determined solely on the written record.
The appeal must attach copies of all documents, records, papers or other
information to support the appeal. In addition, all appeals must be dated
and contain the Eligible Beneficiary’s name and the name of any
authorized representative.
3. To be considered, the written appeal must be delivered by one
of two methods: By United States Mail to the following
address:
Mississippi State Department of Health
Mississippi Hospital Sustainability Grant Program – Appeals
Room O-434
P.O. Box 1700
Jackson, MS 39215-1700
Or by courier mail or hand delivery to the following:
Mississippi State Department of Health
Mississippi Hospital Sustainability Grant Program – Appeals
Room O-434
570 East Woodrow Wilson Avenue
Jackson, MS 39216
4. The Department will review the appeal and all supporting material to
determine if the appeal can be resolved based upon the Eligible
Beneficiary’s submission and Program requirements. If so, a final written
determination of the appeal will be issued by the Department.
5. If the appeal cannot be resolved after the initial review, the Department
will forward the appeal for review by an Independent Hearing Officer
(“IHO”), to be designated by the Attorney General of Mississippi. The
Department will provide to the IHO the Eligible Beneficiary’s file, the
appeal and all supporting material provided by the Eligible Beneficiary
on appeal, all program requirements and policies, a Department
explanation of the case, and Department’s recommendation (if any). The
IHO will review all the written materials and issue a written
recommendation to the Department. The Department will review and
make a final written determination which will be issued by the
Department to the Eligible Beneficiary within ten (10) days of the receipt
of the IHO’s decision.
6. All appeal determinations made by the Department are final with no
further administrative review and are not subject to judicial review.
7. An Eligible Beneficiary may withdraw an appeal at any time by providing
written notice to the Department. Such written notice must be delivered to
the Department at the addresses set forth above.
8. Program requirements established by the Department as dictated by
federal and state law may not be waived or abrogated.