Compilation of Rules and Regulations of the State of Georgia
Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE
Chapter 350-4 - ADMINISTRATIVE REVIEW, HEARINGS AND APPEALS
Rule 350-4-.05 - Hearing Requests
Current through Rules and Regulations filed through September 23, 2024
(1) A request for a hearing must be in writing and received by the Department:
In determining the timeliness of a request, the Department will compute the number of days in accordance with Rule 350-1-.01(24), if the date of the provider's receipt of notice of the adverse action being appealed is known to the Department; if the date of receipt by the provider is not known, the Department shall add five (5) days from the date of transmission of the notice to allow for delivery. Nothing herein shall bar proof of actual date of receipt by the provider or its agent, subject to the provisions of subsection 19.
(2) The request for a hearing must include all of the following:
(3) If any of the requirements listed in Paragraph (2) have not been met, the Department shall so notify the provider. Thereafter, the Department must receive a corrected request within ten (10) days of the provider's receipt of the deficiency notice or the request shall be deemed untimely.
(4) Requests for hearings shall be denied if the Department determines that:
If there is a bona fide question of fact concerning any of the items described in this Subsection 4, and the provider establishes such question of fact by sworn affidavit within a reasonable time set by the Office of Special Services and made known in writing to the provider, the Department shall grant a hearing and defer these questions for final determination by the Administrative Law Judge.
Ga. L. 1977, p. 384, et seq.; O.C.G.A. Sec. 49-4-142(a), 153.