NDAC 75-02-07.1-29
Reconsiderations and appeals
Cite as N.D. Admin. Code § 75-02-07.1-29
1.
Reconsiderations.
a.
Any requests for reconsideration of the final rate must be filed with the department within
thirty days of the date of the rate notification.
b.
A request for reconsideration must include:
(1)
A statement of each disputed item and the reason or basis for the dispute;
(2)
The dollar amount of each adjustment that is disputed; and
(3)
The authority in statute or rule upon which the facility is relying for each disputed
item.
c.
The department may request additional documentation or information relating to the
disputed item. If additional documentation is not provided within fourteen days of the
department's request, the department shall make its determination based on the
information and documentation available as of the fourteenth day following the date the
department requested additional documentation.
d.
The department shall make a determination regarding the reconsideration within
forty-five days of receiving the reconsideration filing and any requested documentation.
2.
Appeals.
a.
A provider dissatisfied with the final rate established may appeal upon completion of the
reconsideration process as provided for in subsection 1. An appeal may be perfected by
mailing or delivering, on or before five p.m. on the thirty-first day after the date of mailing
of the determination made with respect to a request for reconsideration, the information
described in this subsection to the department, at the address the department
designates. An appeal under this section is perfected only if accompanied by written
documents including:
(1)
A copy of the letter received from the department advising of the decision on the
request for reconsideration;
(2)
A statement of each disputed item and the reason or basis for the dispute;
(3)
A computation and the dollar amount that reflects the appealing party's claim as to
the correct computation and dollar amount for each disputed item;
(4)
The authority in statute or rule upon which the appealing party relies for each
disputed item; and
(5)
The name, address, and telephone number of the person to whom all notices
regarding the appeal may be sent.