NDAC 75-09.1-11-04
Program review
Cite as N.D. Admin. Code ยง 75-09.1-11-04
1.
A program whose application to participate in or payment through the substance use disorder
treatment voucher system or request for reimbursement of medical expenses is denied or
revoked may request a review of the decision by filing, within thirty days of the date of the
department's notice of denial or revocation, a written notice with the department which
includes a statement of each disputed item and the reason for the dispute.
2.
A provider may not request review under this section if the denial or revocation is of a result of
an exhaustion of appropriated funds for the substance use disorder treatment voucher system
or reimbursement of medical expenses, provider no longer being licensed under article
75-09.1, submission of an invalid voucher or request for reimbursement of medical expenses,
or the provider's application being considered withdrawn.
3.
Within thirty days after requesting a review, a provider shall provide to the department all
documents, written statements, exhibits, and other written information that supports the
request for review.
4.
The department shall assign a provider's request for review to someone other than an
individual who was involved in the denial or revocation. A provider who has requested review
may contact the department for an informal conference regarding the review any time before
the department has issued its final decision.
5.
The department shall make and issue its final decision within seventy-five days of receipt of
the notice of request for review. The department's final decision must conform to the
requirements of North Dakota Century Code section 28-32-39. A provider may appeal the final
decision of the department to the district court in the manner provided in North Dakota
Century Code section 28-32-42, and the district court shall review the department's final
decision in the manner provided in North Dakota Century Code section 28-32-46. The
judgment of the district court in an appeal from a request for review may be reviewed in the
supreme court on appeal by any party in the same manner as provided in North Dakota
Century Code section 28-32-49.
6.
Upon receipt of notice that the provider has appealed its final decision to the district court, the
department shall make a record of all documents, written statements, exhibits, and other
written information submitted by the provider, affiliate, or the department in connection with the
request for review and the department's final decision on review, which constitutes the entire
record. Within thirty days after an appeal has been taken to district court as provided in this
section, the department shall prepare and file in the office of the clerk of the district court in
which the appeal is pending the original or a certified copy of the entire record, and that record
must be treated as the record on appeal for purposes of North Dakota Century Code section
28-32-44.