Section 7 AAC 105.460 - Appeal of sanction(a) No more than 30 days after the date on the notice of sanction, the provider receiving the notice may request an appeal and a formal hearing. The request for appeal must be in writing and contain a statement and supporting documents that describe the alleged grounds for sanction, specify the basis upon which the sanction is challenged, and explain the reasons that the provider is in compliance with 7 AAC 105 - 7 AAC 160. A provider may request an expedited appeal of a notice of immediate suspension issued under 7 AAC 160.140. A provider requesting an appeal or expedited appeal under this section must submit the request to the Commissioner's Office, Department of Health and Social Services, P.O. Box 110601, Juneau, Alaska, 99811-0601.(b) Upon receipt of the request for appeal, if the department is withholding or restricting payment, the department may continue the withholding or restriction of payment until a final determination is made regarding the appropriateness of the sanction.(c) Upon receipt of a request for appeal, the department will schedule a hearing to be held no more than 30 days after receipt of the request. Notice of the date, time, and place of the hearing will be sent to the provider and the provider's attorney or designated representative.(d) If the sanction proposed by the department is termination of the provider's participation in the Medicaid program based on a failure to meet a standard, including licensure or registration, required by federal or state law for participation in the Medicaid program, a formal hearing is not available.(e) A party may appear and be heard at an appeal proceeding under this section through an attorney or through a designated representative.(f) If a provider does not submit a request for appeal or provide the information required under (a) of this section 30 days or less after the date on the notice of sanction under 7 AAC 105.440, the notice of sanction is the department's final administrative action.Eff. 2/1/2010, Register 193; am 10/1/2011, Register 199Authority:AS 47.05.010
AS 47.07.040