OAR 410-120-1580
Provider Appeals — Administrative Review
(1)
An administrative review is a provider appeal process that allows an opportunity for the Administrator of the Division of Medical Assistance Programs (Division) or designee to review a Division decision affecting the provider, provider applicant, Coordinated Care Organization (CCO) or Prepaid Health Plan (PHP) provider, where administrative review is appropriate and consistent with these provider appeal rules OAR 410-120-1560 (Provider Appeals).(2)
Administrative review is an appeal process under OAR 410-120-1560 (Provider Appeals) that addresses primarily legal or policy issues that may arise in the context of a Division decision that adversely affects the Provider and that is not otherwise reviewed as a claim re-determination, a contested case, or client appeal.(a)
If the Division finds that the appeal should be handled as a different form of provider appeal or as a client appeal, the Administrator or designee will notify the provider of this determination.(b)
Within the time limits established by the Division in the administrative review, the provider, provider applicant, CCO or PHP provider must provide Division (and CCO or PHP, if applicable) with a copy of all relevant records, the Division, CCO or PHP decisions, and other materials relevant to the appeal.(3)
If the Administrator or designee decides that a meeting between the provider, provider applicant, CCO or PHP Provider (and CCO or PHP, if applicable) and the Division staff will assist the review, the Administrator or designee will:(a)
Notify the provider requesting the review of the date, time, and place the meeting is scheduled;(b)
Notify the CCO or PHP (when client is enrolled in a CCO or PHP) of the date, time, and place the meeting is scheduled. The CCO or PHP is not required to participate, but is invited to participate in the process.(4)
The review meeting will be conducted in the following manner:(a)
It will be conducted by the Division Administrator, or designee;(b)
No minutes or transcript of the review will be made;(c)
The provider requesting the review does not have to be represented by counsel during an administrative review meeting and will be given ample opportunity to present relevant information;(d)
The Division staff will not be available for cross-examination, but the Division staff may attend and participate in the review meeting;(e)
Failure to appear without good cause constitutes acceptance of the Division’s determination;(f)
The Administrator may combine similar administrative review proceedings, including the meeting, if the Administrator determines that joint proceedings may facilitate the review;(g)
The Division Administrator or designee may request the provider, provider Applicant, CCO or PHP Provider making the appeal to submit, in writing, new information that has been presented orally. In such an instance, a specific date for receiving such information will be established.(5)
The results of the administrative review will be sent to the participants, involved in the review, and to the CCO or PHP when review involved a CCO or PHP provider, in writing, within 30 calendar days of the conclusion of the administrative review proceeding, or such time as may be agreed to by the participants and the Division.(6)
The Division’s final decision on administrative review is the final decision on appeal and binding on the parties. Under ORS 183.484 (Jurisdiction for review of orders other than contested cases), this decision is an order in other than a contested case. ORS 183.484 (Jurisdiction for review of orders other than contested cases) and the procedures in OAR 137-004-0080 (Reconsideration — Orders in Other than Contested Case) to 137-004-0092 (Stay Proceeding and Order — Orders in Other than Contested Case) apply to the Division’s final decision on administrative review.
Source:
Rule 410-120-1580 — Provider Appeals — Administrative Review, https://secure.sos.state.or.us/oard/view.action?ruleNumber=410-120-1580.