50-24.4-18. Appeals

50-24.4-18. Appeals 1. A nursing home dissatisfied with the final rate established may, upon completion of the reconsideration, appeal. An appeal may be perfected by mailing or delivering the information described in subdivisions a through e to the department, at such address as the department may designate, mailed or delivered on or before five p.m. on the thirty-first day after the date of mailing of the determination of the medical services division made with respect to a request for reconsideration. An appeal under this section is perfected only if accompanied by written documents including the following information: a. A copy of the letter received from the medical services division advising of that division's decision on the request for reconsideration; b. A statement of each disputed item and the reason or basis for the dispute; c. 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; d. The authority in statute or rule upon which the appealing party relies for each disputed item; and e. The name, address, and telephone number of the person upon whom all notices will be served regarding the appeal. 2. Upon assignment, the hearing officer shall set and conduct the hearing within one hundred twenty days of the date of assignment. 3. Within sixty days after all evidence has been received, the department shall make its findings of fact and conclusions of law and enter a decision based upon its findings and conclusions. 4. A nursing home may seek a writ of mandamus to compel the hearing officer to timely set and conduct a hearing or to compel the department to timely issue a decision; however, no writ may be granted to a nursing home contributing to the delay.