NDAC 75-03-20-18
Reconsiderations and appeals
Cite as N.D. Admin. Code ยง 75-03-20-18
1.
Reconsiderations.
a.
A center dissatisfied with the final rate established must request a reconsideration of the
final rate before a formal appeal can be made. Any requests for reconsideration must be
filed with the department's division of mental health services for administrative
consideration within thirty days of the date of the rate notification.
b.
The department's division of mental health services will make a determination regarding
the reconsideration within forty-five days of receiving the reconsideration filing and any
requested documentation.
2.
Appeals.
a.
A center dissatisfied with the final rate established may appeal upon completion of the
reconsideration process as provided for in subsection 1. This appeal must be filed with
the department within thirty days of the date of the written notice of the determination by
the division of mental health services with respect to the request for reconsideration.
b.
An appeal under this section is timely perfected only if accompanied by written
documents including the following information:
(1)
A copy of the letter received from the division of mental health services advising of
that division's 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 which 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.
(5)
The name, address, and telephone number of the person upon whom all notices will
be served regarding the appeal.