Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 06 - Medical Services › Rule 016.06.05-039 - Revisions to licensure regulations for long term care facilities in how to file administrative appeals

Current through Register Vol. 49, No. 6, June, 2024
206
NOTICE AND PROCEDURE ON
			 HEARING PRIOR TO DENIAL, SUSPENSION, OR REVOCATION OF
			 LICENSE
Whenever the Division decides to deny, suspend, or revoke a
				license, it shall send to the applicant or licensee a notice stating the
				reasons for the action by certified mail. The applicant or licensee may appeal
				such notice to the Director of the Department of Health and Human Services in
				accordance with Ark. Code Ann. §
									20-10-208.
				See, also, Section 2003 of these regulations.
2003
APPEALS
There is no appeal from an informal dispute resolution
				decision. If the facility chooses, it may appeal an adverse decision while also
				undergoing an informal dispute resolution hearing, or it may by-pass the
				informal dispute resolution process entirely and instead appeal. Appeals must
				be made to the Director of the Department of Health and Human Services in
				accordance with Ark. Code Ann. §
									20-10-208.
				Requests must be submitted in writing to:
Director
Department of Health and Human Services
P.O. Box 1437, Slot S201
Little Rock, AR 72203-1437
Medicare and Medicare/Medicaid certified facilities may request
				a hearing by either the Associate Regional Administrator in the Dallas office
				of the Health Care Financing Administration or the Departmental Appeals Board
				at the addresses below at any point within the 60 day time frame for
				appeals.
HCF-2
Associate Regional Administrator
Division of Health Standards and Quality
Centers for Medicare and Medicaid Services
1200 Main Tower Building
Dallas, TX 75202
Department of Health and Human Services Departmental Appeals
				Board, MS 6127 Civil Remedies Division 330 Independence Avenue, S.W. Cohen
				Building - Room G-644 Washington, D.C. 20201
If the facility chooses to appeal to either of these agencies,
				a copy of the appeal should also be forwarded to the OLTC.
207
NOTICE AND PROCEDURE ON HEARING
			 PRIOR TO DENIAL, SUSPENSION OR REVOCATION OF A LICENSE
Whenever the Division imposes a Civil Money Penalty or an
				Administrative Remedy, it shall send to the applicant or licensee a notice
				stating the reasons for the action by certified mail. The applicant or licensee
				may appeal such notice to the Director of the Department of Health and Human
				Services in accordance with Ark. Code Ann. §
									20-10-208.
APPENDIX A
RULES OF ORDER FOR ALL APPEALS
				BEFORE THE LONG TERM CARE FACILITY ADVISORY BOARD
Repealed.
205
NOTICES AND PROCEDURE ON HEARING PRIOR TO DENIAL, SUSPENSION,
			 OR REVOCATION OF LICENSE
Whenever the Division decides to deny, suspend, or revoke a
				license, it shall send to the applicant or licensee a notice stating the
				reasons for the action by certified mail. The applicant or licensee may appeal
				such notice to the Director of the Department of Health and Human Services in
				accordance with Ark. Code Ann. §
									20-10-208.
				See, also, Section 403 of these regulations.
403
APPEALS
There is no appeal from an informal dispute resolution
				decision. If the facility chooses, it may appeal an adverse decision while also
				undergoing an informal dispute resolution hearing, or it may by-pass the
				informal dispute resolution process entirely and instead
				appeal
.
Appeals must be made to the Director of the
				Department of Human Services in accordance with Ark. Code Ann. §
									20-10-208.
				Requests must be submitted in writing to:
Director
Department of Health and Human Services
P.O. Box 1437, Slot S201
Little Rock, AR 72203-1437
Medicare and Medicare/Medicaid certified facilities may request
				a hearing by either the Associate Regional Administrator in the Dallas office
				of the Centers for Medicare and Medicaid Services or the Departmental Appeals
				Board at the addresses below at any point within the 60 day time frame for
				appeals.
HCF-2
Associate Regional Administrator
Division of Health Standards and Quality
Centers for Medicare and Medicaid Services
1200 Main Tower Building
Dallas, TX 75202
Department of Health and Human Services Departmental Appeals
				Board, MS 6127 Civil Remedies Division 330 Independence Avenue, S.W. Cohen
				Building - Room G-644 Washington, D.C. 20201
If the facility chooses to appeal to either of these agencies,
				a copy of the appeal should also be forwarded to the OLTC.
206
NOTICES AND PROCEDURE ON HEARING
			 PRIOR TO DENIAL, SUSPENSION OR REVOCATION OF LICENSE
206.1 Whenever the Division decides to deny,
			 suspend, or revoke a license, it shall send to the applicant or licensee a
			 notice stating the reasons for the action by certified mail. The applicant or
			 licensee may appeal such notice to the Director of the Department of Health and
			 Human Services in accordance with Ark. Code Ann. §
									20-10-208.