455 Ind. Admin. Code 2-7-1

Current through December 4, 2024

Section 455 IAC 2-7-1 - Appeals

Authority: IC 12-9.1-2-3; IC 12-10.5-2-2

Affected: IC 4-21.5; IC 12-10

Sec. 1.

(a) If an HCBS provider has an executed contract or provider agreement to provide a service to an individual, the provider has the right to appeal decisions that adversely affect the service provider.

(b) The service provider shall make a written request for an appeal hearing to the secretary within fifteen (15) days of the date of an adverse decision.

(c) The request must:

(1) include a statement indicating with reasonable particularity the issue the service provider wishes to be reviewed; and

(2) be signed and dated by the service provider.

(d) Appeal proceedings will be conducted by a family and social services administration-appointed administrative law judge (ALJ) under IC 4-21.5. Notice of the ALJ's decision shall be sent also to any listed adversely affected party.

455 IAC 2-7-1

Division of Aging; 455 IAC 2-7-1; filed Sep 1, 2006, 8:20 a.m.: 20060927-IR-460050119FRA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR- 455120508RFA

Readopted filed 4/9/2018, 9:13 a.m.: 20180509-IR-455180111RFA

Readopted filed 9/25/2024, 4:02 p.m.: 20241023-IR-455230818RFA

Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1.2-7-1) to the Division of Aging (455 IAC 2-7-1) by P.L.153-2011, SECTION 21, effective July 1, 2011.