Section 471-2-007 - APPEAL RIGHTSAny adverse action under Title 471 NAC may be appealed to the Medicaid Director by the person or entity against whom the action was taken.
007.01HEARING REQUEST PROCEDURE. The person or entity appealing an adverse action must submit a written hearing request to the Medicaid Director. 007.01(A)DEADLINES. The following deadlines apply when submitting an appeal request: (i) Administrative sanctions must be appealed within 30 days of the date of the action;(ii) Refund requests must be appealed within 30 days of the date of the action;(iii) All other actions must be appealed within 90 days of the date of the action.007.01(B)APPEALING BEFORE EFFECTIVE DATE. A person or entity may appeal a termination or exclusion before the effective date of the proposed termination or exclusion. A termination or exclusion appealed before its effective date will not take effect until the appeal has been decided, unless the termination or exclusion is being imposed pursuant to 42 C.F.R. 455.416(c) or has an immediate effective date because of a threat to client health and safety.007.02HEARINGS. Appeal and hearing procedures are governed by 465 NAC 6.471 Neb. Admin. Code, ch. 2, § 007
Adopted effective 2/10/2020Amended effective 9/21/2020