Authority: IC 31-25-2-18

Affected: IC 31-25-2-7; IC 31-27-3; IC 31-27-5

Sec. 26. (a) Residential treatment services providers may request a review of a base rate and other cost based rates approved by the department as stated in a rate letter issued in accordance with section 20(e) and (g) [20(g)] of this rule. A residential treatment services provider may request a review of the base rate and other cost based rates when it believes that:

1. (1) errors have been made in the:

   1. (A) cost report submitted to the department under section 20(a) of this rule;
   2. (B) calculation of the rate; or
   3. (C) determination of the reasonableness of any cost; or
2. (2) the determination of the rate by the department has a material adverse impact on child welfare in Indiana that an existing provider in the state of Indiana cannot adequately address.

(b) A request for review of any part of the base rate or other cost based rate approved by the department must be submitted in writing to the department within thirty (30) days after the department mails the notice letter to the residential treatment services provider pursuant to section 20(e) and (g) [20(g)] of this rule. The time limit for submitting a request for review under this section will be determined under the applicable provisions of IC 4-21.5-3-1 and IC 4-21.5-3-2.

(c) The request for review of the base rate or other cost based rate approved by the department shall be submitted in the form and manner specified by the department and shall include, but not be limited to, the following items:

1. (1) Identification of the current rate and approved new rate, as applicable to a specific program or service offered by the residential treatment services provider.
2. (2) An itemized statement of administrative and indirect costs that the residential treatment services provider considers allowable under the provisions of this rule.
3. (3) A clear, concise statement of the reasons for the requested change.
4. (4) A detailed statement of related information in support of the requested change.

The department will not accept or process an incomplete request for review of the base rate or other cost based rate approved by the department that does not include at least the items specified in this subsection.

(d) No request for review of the base rate or other cost based rate approved by the department will be acted upon if the residential treatment services provider has a current license that is in the process of being revoked by the department.

(e) The department will conduct a review and send notice of its decision to the residential treatment services provider within thirty (30) days of receiving the request for review under this section.

(Department of Child Services; 465 IAC 2-16-26; filed Apr 26, 2011, 11:20 a.m.: 20110525-IR-465100416FRA; readopted filed Jun 21, 2017, 3:25 p.m.: 20170719-IR-465170216RFA; readopted filed Feb 22, 2023, 9:25 a.m.: 20230322-IR-465230002RFA)