Indiana Administrative Code (Last Updated: December 20, 2016) |
Title 455. DIVISION OF AGING |
Article 455IAC2. HOME AND COMMUNITY BASED SERVICES |
Rule 455IAC2-7. Appeals |
Section 455IAC2-7-1. Appeals
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(a) If an HCBS provider has an executed contract or provider agreement to provide a service to an individual, the provider has the right to appeal decisions that adversely affect the service provider.
(b) The service provider shall make a written request for an appeal hearing to the secretary within fifteen (15) days of the date of an adverse decision.
(c) The request must:
(1) include a statement indicating with reasonable particularity the issue the service provider wishes to be reviewed; and
(2) be signed and dated by the service provider.
(d) Appeal proceedings will be conducted by a family and social services administration-appointed administrative law judge (ALJ) under IC 4-21.5. Notice of the ALJ's decision shall be sent also to any listed adversely affected party. (Division of Aging; 455 IAC 2-7-1; filed Sep 1, 2006, 8:20 a.m.: 20060927-IR-460050119FRA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1.2-7-1) to the Division of Aging (455 IAC 2-7-1) by P.L.153-2011, SECTION 21, effective July 1, 2011.