Section He-M 521.12 - Appeals(a) Pursuant to He-C 200, an individual, guardian, or representative may within 30 business days of the area agency decision, she or he may choose to file a formal appeal. Any determination, action, or inaction by an area agency may be appealed by an individual, guardian, or representative.(b) An applicant for certification, provider, provider agency, or area agency may request a hearing regarding a proposed revocation or denial of certification, except as provided in He-M 521.11 above.(c) Appeals shall be submitted, in writing, to the bureau administrator in care of the department's office of client and legal services within 10 days following the date of the notification of denial or revocation of certification. An exception shall be that appeals may be filed verbally if the individual is unable to convey the appeal in writing.(d) The bureau administrator shall immediately forward the appeal to the department's administrative appeals unit which shall assign a presiding officer to conduct a hearing or independent review, as provided in He-C 200. The burden shall be as provided by He-C 203.14.(e) If a hearing is requested, the following actions shall occur: (1) Services and payments shall be continued as a consequence of an appeal for a hearing until a decision has been made; and(2) If the bureau's decision is upheld, funding shall cease 60 days from the date of the denial letter or 30 days from the hearing decision, whichever is later.N.H. Admin. Code § He-M 521.12
#7494, eff 5-22-01; ss by#9475, eff 5-22-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12340, Effective 7/25/2017, Expires 7/25/2027.