Current through Register 1536, December 6, 2024
Section 8.07 - Administrative Reconsideration(1) Within ten working days after receipt of the final provider report, the provider may file a written request for an administrative reconsideration with the regional quality enhancement director in all cases except with respect to a decision of non-licensure. Decisions of revocation or denial of licensure are subject to a separate review and appeal through 115 CMR 8.08 and are not subject to administrative reconsideration.(2) The basis for a request for administrative reconsideration shall be disagreement with: (a) the facts or the conclusions in the provider report;(b) the timelines for follow-up; and/or(c) correction of the areas needing improvement.(3) Administrative reconsideration may not be requested on the basis of provider disagreement with: (a) the content of the survey tool;(b) the composition of the team;(c) the methodology developed for scoring the survey.(4) Within 30 days of the receipt of the request for reconsideration, the regional quality enhancement director shall render a written decision that shall state its conclusions and rationale.(5) Within ten working days of receipt of the written decision from the regional quality enhancement director, the provider may file a written request for a second level of administrative reconsideration which is available only to challenge the standards applied and/or procedure followed in the first level of administrative reconsideration.(6) The second level administrative reconsideration shall be conducted by the director of licensure and certification or designee who shall render a decision within 30 days of receipt of the request. The decision rendered at the second level of administrative reconsideration is final and not subject to further review.Amended by Mass Register Issue 1317, eff. 7/15/2016.