North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-11 - Substance Use Disorder Treatment Voucher System › Section 75-09.1-11-04 - Program review

Current through Supplement No. 393, July, 2024
1. A program whose
				application to participate in or payment through the substance use disorder
				treatment voucher system is denied or revoked may request a review of the
				decision by filing, within thirty days of the date of the department's notice
				of denial or revocation, a written notice with the department which includes a
				statement of each disputed item and the reason for the dispute.
2. A provider may not request review under
				this section if the denial or revocation is of a result of an exhaustion of
				appropriated funds for the substance use disorder treatment voucher system,
				provider no longer being licensed under article 75-09.1, submission of an
				invalid voucher, or the provider's application being considered
				withdrawn.
3. Within thirty days
				after requesting a review, a provider shall provide to the department all
				documents, written statements, exhibits, and other written information that
				supports the request for review.
4.
				The department shall assign a provider's request for review to someone other
				than an individual who was involved in the denial or revocation. A provider who
				has requested review may contact the department for an informal conference
				regarding the review any time before the department has issued its final
				decision.
5. The department shall
				make and issue its final decision within seventy-five days of receipt of the
				notice of request for review. The department's final decision must conform to
				the requirements of North Dakota Century Code section
				28-32-39. A provider may appeal
				the final decision of the department to the district court in the manner
				provided in North Dakota Century Code section
				28-32-42, and the district court
				shall review the department's final decision in the manner provided in North
				Dakota Century Code section
				28-32-46. The judgment of the
				district court in an appeal from a request for review may be reviewed in the
				supreme court on appeal by any party in the same manner as provided in North
				Dakota Century Code section
				28-32-49.
6. Upon receipt of notice that the provider
				has appealed its final decision to the district court, the department shall
				make a record of all documents, written statements, exhibits, and other written
				information submitted by the provider, affiliate, or the department in
				connection with the request for review and the department's final decision on
				review, which constitutes the entire record. Within thirty days after an appeal
				has been taken to district court as provided in this section, the department
				shall prepare and file in the office of the clerk of the district court in
				which the appeal is pending the original or a certified copy of the entire
				record, and that record must be treated as the record on appeal for purposes of
				North Dakota Century Code section
				28-32-44.
General Authority:
NDCC
					 50-06-16
Law Implemented:
S.L. 2015, ch. 139, §
					 4