048.0037.5.20
Ch. 5, § 20. Informal dispute resolution
Cite as Medicaid Rules, Ch. 5, § 20
(a) Availability. Informal dispute resolution is available whenever the survey agency notifies a facility of noncompliance.
(b) Request. A request for informal dispute resolution shall be made in writing and hand- delivered or mailed by certified mail, return receipt requested, and delivered to the survey agency within ten calendar days after the facility receives a statement of deficiencies.
(c) Conduct of meeting. Informal dispute resolution shall consist of a face-to-face meeting between representatives of the facility and representative of the survey agency.
(d) Scope of informal dispute resolution.
(i) The purpose of informal dispute resolution is to allow a provider an opportunity to demonstrate that deficiencies should not have been cited.
(ii) A facility may not use the informal dispute resolution process to challenge any part of the survey process, including the:
(A) Classification of deficiencies;
(B) Director's choice of remedy(ies) imposed;
(C) Failure of the survey agency to comply with a requirement of the survey process;
(D) Inconsistency of the survey team in citing deficiencies among facilities; or
(E) Inadequacy or inaccuracy of the informal dispute resolution process.
(e) A request for informal dispute resolution shall not delay the imposition of remedies.