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10.01.09.00.htm 10.01.09.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 01 PROCEDURES Chapter 09 Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board Authority: Health-General Article, §15-108, Annotated Code of Maryland
10.01.09.01.htm 10.01.09.01. 01 General.. These regulations set out the procedures for appeals before the Hospital Appeal Board and the Nursing Home Appeal Board of final cost settlements pursuant to COMAR 10.09.06.18 and 10.09.10.14.
10.01.09.02.htm 10.01.09.02. 02 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the Hospital Appeal Board or the Nursing Home Appeal Board.. 2) "Final cost settlement" means a determination by the Medical Assistance Program of any amounts due to or owed by a participating provider and includes the results of cost verifications and desk reviews.3) "Party" means a hospital or nursing home or the Medical Assistance Program..
10.01.09.03.htm 10.01.09.03. 03 Notice of Appeal.. A. An opportunity for a hearing shall be provided to any hospital or nursing home that requests review of a final cost settlement by filing a written notice of appeals with the Board not later than 30 days after receipt of the notice of final cost settlement. This notice shall be filed in a format prescribed by the Board.B. The notice of appeal shall be delivered in person to the Board at the address designated by the notice of final cost settl
10.01.09.04.htm 10.01.09.04. 04 Prehearing Conference for Evidentiary Hearing.. A. After receipt of a notice of appeal with an election by the provider of a full evidentiary hearing, the Board shall schedule a prehearing conference.B. The prehearing conference shall be presided over by a member of the Board or by a person designated by the Board.C. The prehearing conference may be conducted either in person or by telephone conference call..
10.01.09.05.htm 10.01.09.05. 05 Conduct of the Evidentiary Hearing.. A. The hearing shall be conducted by the Board, or by a person or agency designated by the Board.. B. The rules of evidence in all hearings shall be those set forth in State Government Article, §10-213 and 10-214, Annotated Code of Maryland.C. Any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions. When a party is represented by counsel, all submissions of evidence, examination an
10.01.09.06.htm 10.01.09.06. 06 Recommendation to the Board.. A. If the hearing is not conducted before a Board consisting of three members as provided in COMAR 10.09.06.18 and 10.09.10.14, the presiding officer or officers at the hearing shall issue recommendations to the Board on all of the issues appealed in the notice of appeal.B. The recommendations shall be in writing and shall include findings of fact and conclusions of law.C. A copy of the recommendations shall be delivered or mailed promptly to e
10.01.09.07.htm 10.01.09.07. 07 Decision.. A. If the hearing was presided over by the full Board, or after consideration by the full Board of the recommendations and exceptions to the recommendations and any argument in support of them, the Board shall issue a decision including findings of fact and conclusions of law on all issues appealed in the notice of appeal.B. The decision of the Board shall be implemented immediately unless otherwise specifically indicated in the decision.
10.01.09.08.htm 10.01.09.08. 08 Appeal.. Any party may file an appeal from the decision of the Board as provided by law..
10.01.09.9999.htm 10.01.09.9999. Administrative History Effective date: January 16, 1984 (11:1 Md. R. 43). Regulation .01 amended effective June 19, 2006 (33:12 Md. R. 997). Regulation .03 amended effective June 19, 2006 (33:12 Md. R. 997). Regulation .05A, B amended effective June 19, 2006 (33:12 Md. R. 997). Regulation .06A, D amended effective June 19, 2006 (33:12 Md. R. 997).
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