1. (a) Requests for administrative appeals by NFs, with the exception of state owned and operated facilities, shall be directed to the department with a copy of the appeal sent to bureau of elderly and adult services, rate setting and audit unit.
2. (b) The written request for an appeal shall be received by the department within 30 calendar days of the date of the notice of the new medicaid NF rates or the date of the bureau of improvement and integrity’s written decision.
3. (c) Requests for appeals shall state the reason for the appeal.
4. (d) Appeals shall be held and heard in accordance with He-C 200.

5. (e) In accordance with 42 CFR 447.253(e), an NF shall request appeals:

   1. (1) As specified in He-E 806; and
   2. (2) Due to the action or inaction of the department relevant to He-E 806.
6. (f) An NF may request an appeal regarding a rate set by the department.

7. (g) An NF shall not request an appeal regarding:

   1. (1) The department’s internal rate setting methodology; or
   2. (2) Federal or state constitutional law.
8. (h) The hearings officer shall deny any request for an appeal which is not as described in (e) or (f) above.

Source. #8547, eff 1-24-06 (formerly He-W 593.41); ss by #10474, 1-24-14; ss by #14020, eff 7-10-24