Section R. 32.83 - Appeals; right to compliance conference; grounds; written notice; appearance by letter; date, time, and location of compliance conference; stay pending decisionRule 13.
(1) Appeals associated with Medicaid must comply with federal regulations. An applicant, member, or responsible party may request a compliance conference with the home in the event of any the following:(a) A denial of admission to a state veterans home.(b) A denial of continued care at a state veterans home.(c) A decision to involuntarily transfer or discharge a member.(d) A determination of an amount owed.(e) A determination of asset divestment or restriction.(2) To request a compliance conference, the applicant, member, or responsible party must provide written notice to the home administrator that he or she wishes to contest the denial of admission to a state veterans home, the denial of continued care at a state veterans home, the decision to involuntarily transfer or discharge a member, the determination of an amount owed, or the determination of asset divestment or restriction. Written notice must include all of the following: (b) The name and address of the person providing notice.(c) The name of the affected applicant, member, or responsible party.(d) The basis for the objection.(e) All documents that support the objection.(f) Any other pertinent documents that the person providing notice wants the home to consider.(3) A compliance conference must be conducted at a reasonable time and date, to be determined by the home administrator. The location of a compliance conference will be the home where the member resides or, in the case of applicants not yet admitted to a state veterans home, the home where application was made. The home administrator may accept a letter from the applicant, member, or responsible party, instead of the applicant's, member's, or responsible party's personal appearance at a compliance conference. The applicant, member, or responsible party must notify the home administrator, in writing, that he or she wishes to appear by letter before the start of the scheduled compliance conference.(4) The home shall mail notice of the time, date, and location of compliance conference to the applicant, member, or responsible party requesting a compliance conference at least 10 business days before the date of the compliance conference.(5) Requesting a compliance conference under this rule will automatically stay a member's transfer or discharge pending a decision. The automatic stay requirement of this subrule does not apply in any of the following instances:(a) If an emergency transfer or discharge is mandated by the member's health care needs.(b) If the transfer or discharge is mandated by the physical safety of other members, visitors, employees, or contractors.(c) If the transfer or discharge is later agreed to by the member or the responsible party.Mich. Admin. Code R. 32.83
2007 AACS; 2019 MR 1, Eff. 1/2/2019