Rule 15-3-5-1.1.7 - Appeals Process1. An Eligible Beneficiary may appeal any award or disqualification notice received from the Department by giving written notice within ten (10) calendar days of the date of the notice of award decision. The appeal must be received by the Program at the address below by 5:00 p.m. CST of the 7th day.2. If an appeal is not made within the seven (7) calendar day timeframe, the Eligible Beneficiary will have waived its right to appeal the decision and the original decision shall be deemed final. Appeals must be written and state with specificity the basis for the Eligible Beneficiary's disagreement with the decision. Appeals are determined solely on the written record. The appeal must attach copies of all documents, records, papers or other information to support the appeal. In addition, all appeals must be dated and contain the Eligible Beneficiary's name and the name of any authorized representative.3. To be considered, the written appeal must be delivered by one of two methods: By United States Mail to the following address: Mississippi State Department of Health
Mississippi Hospital Sustainability Grant Program - Appeals
Room O-434
P.O. Box 1700
Jackson, MS 39215-1700
Or by courier mail or hand delivery to the following:
Mississippi State Department of Health
Mississippi Hospital Sustainability Grant Program - Appeals
Room O-434
570 East Woodrow Wilson Avenue
Jackson, MS 39216
4. The Department will review the appeal and all supporting material to determine if the appeal can be resolved based upon the Eligible Beneficiary's submission and Program requirements. If so, a final written determination of the appeal will be issued by the Department.5. If the appeal cannot be resolved after the initial review, the Department will forward the appeal for review by an Independent Hearing Officer ("IHO"), to be designated by the Attorney General of Mississippi. The Department will provide to the IHO the Eligible Beneficiary's file, the appeal and all supporting material provided by the Eligible Beneficiary on appeal, all program requirements and policies, a Department explanation of the case, and Department's recommendation (if any). The IHO will review all the written materials and issue a written recommendation to the Department. The Department will review and make a final written determination which will be issued by the Department to the Eligible Beneficiary within ten (10) days of the receipt of the IHO's decision.6. All appeal determinations made by the Department are final with no further administrative review and are not subject to judicial review.7. An Eligible Beneficiary may withdraw an appeal at any time by providing written notice to the Department. Such written notice must be delivered to the Department at the addresses set forth above.8. Program requirements established by the Department as dictated by federal and state law may not be waived or abrogated.15 Miss. Code. R. 3-5-1.1.7
Senate Bill 2372, 2023 Regular Legislative Session