Section 4-21.5-3-7 - Review; petition; denial of petition; preliminary hearing(a) To qualify for review of a personnel action to which IC 4-15-2.2 applies, a person must comply with IC 4-15-2.2-42. To qualify for review of any other order described in section 4, 5, or 6 of this chapter, a person must petition for review in a writing that does the following: (1) States facts demonstrating that: (A) the petitioner is a person to whom the order is specifically directed;(B) the petitioner is aggrieved or adversely affected by the order; or(C) the petitioner is entitled to review under any law.(2) Includes, with respect to determinations of notice of program reimbursement and audit findings described in section 6(a)(3) and 6(a)(4) of this chapter, a statement of issues that includes: (A) the specific findings, action, or determination of the office of Medicaid policy and planning or of a contractor of the office of Medicaid policy and planning from which the provider is appealing;(B) the reason the provider believes that the finding, action, or determination of the office of Medicaid policy and planning or of a contractor of the office of Medicaid policy and planning was in error; and(C) with respect to each finding, action, or determination of the office of Medicaid policy and planning or of a contractor of the office of Medicaid policy and planning, the statutes or rules that support the provider's contentions of error. Not more than thirty (30) days after filing a petition for review under this section, and upon a finding of good cause by the administrative law judge, a person may amend the statement of issues contained in a petition for review to add one (1) or more additional issues.
(3) Is filed:(A) with respect to an order described in section 4, 5, 6(a)(1), 6(a)(2), or 6(a)(5) of this chapter, with the ultimate authority for the agency issuing the order within fifteen (15) days after the person is given notice of the order or any longer period set by statute; or(B) with respect to a determination described in section 6(a)(3) or 6(a)(4) of this chapter, with the office of Medicaid policy and planning not more than one hundred eighty (180) days after the hospital is provided notice of the determination. The issuance of an amended notice of program reimbursement by the office of Medicaid policy and planning does not extend the time within which a hospital must file a petition for review from the original notice of program reimbursement under clause (B), except for matters that are the subject of the amended notice of program reimbursement.
If the petition for review is denied, the petition shall be treated as a petition for intervention in any review initiated under subsection (d).
(b) If an agency denies a petition for review under subsection (a) and the petitioner is not allowed to intervene as a party in a proceeding resulting from the grant of the petition for review of another person, the agency shall serve a written notice on the petitioner that includes the following:(1) A statement that the petition for review is denied.(2) A brief explanation of the available procedures and the time limit for seeking administrative review of the denial under subsection (c).(c) An agency shall assign an administrative law judge, or after June 30, 2020, if the proceeding is subject to the jurisdiction of the office of administrative law proceedings, an agency shall request assignment of an administrative law judge by the office of administrative law proceedings, to conduct a preliminary hearing on the issue of whether a person is qualified under subsection (a) to obtain review of an order when a person requests reconsideration of the denial of review in a writing that:(1) states facts demonstrating that the person filed a petition for review of an order described in section 4, 5, or 6 of this chapter;(2) states facts demonstrating that the person was denied review without an evidentiary hearing; and(3) is filed with the ultimate authority for the agency denying the review within fifteen (15) days after the notice required by subsection (b) was served on the petitioner. Notice of the preliminary hearing shall be given to the parties, each person who has a pending petition for intervention in the proceeding, and any other person described by section 5(d) of this chapter. The resulting order must be served on the persons to whom notice of the preliminary hearing must be given and include a statement of the facts and law on which it is based.
(d) If a petition for review is granted, the petitioner becomes a party to the proceeding and:(1) the agency shall assign the matter to an administrative law judge or, after June 30, 2020, if the proceeding is subject to the jurisdiction of the office of administrative law proceedings, request assignment of an administrative law judge by the office of administrative law proceedings; or(2) certify the matter to another agency for the assignment of an administrative law judge (if a statute transfers responsibility for a hearing on the matter to another agency). The agency granting the administrative review or the agency to which the matter is transferred may conduct informal proceedings to settle the matter to the extent allowed by law.
Amended by P.L. 205-2019,SEC. 7, eff. 7/1/2019.Amended by P.L. 6-2012, SEC. 18, eff. 7/1/2012.As added by P.L. 18-1986, SEC.1. Amended by P.L. 35-1987, SEC.6; P.L. 42-1995, SEC.3; P.L. 2-1997, SEC.11; P.L. 222-2005, SEC.22; P.L. 213-2007, SEC.1; P.L. 217-2007, SEC.1.