Section 470IAC11.1-5-1. Provider and recipient appeals

   (a) All appeals of division's adverse actions, by either providers or recipients in the Indiana hospital care for the indigent program, shall be conducted under 470 IAC 1-4.

  (b) The administrative law judge shall determine the scheduling and location of said appeal hearing taking into consideration the needs of all the parties. As provided for in 470 IAC 1-4-3(e), the location of the appeal hearings for applicants or patients shall be in the county of their residence.

  (c) The administrative law judge shall provide for an opportunity to hold part or all of the appeal hearing by means of a telecommunication device providing that:

(1) it is requested by a party;

(2) all other parties agree to its use in the manner suggested;

(3) such equipment is available to the administrative law judge whereby a record may be made of such telecommunication hearing or portions thereof; and

(4) the administrative law judge is confident that the use of such telecommunication devices will not compromise the integrity of the evidentiary hearing process in the case that is then pending.

  (d) The Indiana division of family resources shall be deemed a party to all administrative appeals filed under this section.

  (e) In the event that a patient or applicant requests an administrative appeal hearing, then that individual must file the request under 470 IAC 1-4-3(b).

  (f) In the event that a hospital or other provider requests an appeal hearing, then the hospital or other provider must file the requests under 470 IAC 1-4-3(d). (Division of Family Resources; 470 IAC 11.1-5-1; filed May 25, 1989, 1:45 p.m.: 12 IR 1862; filed Oct 3, 1997, 4:50 p.m.: 21 IR 378; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; filed Feb 17, 2012, 10:45 a.m.: 20120314-IR-470110725FRA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA)

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