Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1736 - PROVIDER PROVISIONS
Subchapter 3 - ADMINISTRATIVE PROCEEDINGS FOR PROVIDER REVIEW
Section 17-1736-67 - Prehearing discovery for hospital and institutional providers
Current through August, 2024
Any party may request data from any other party to the proceeding. If the requested party does not respond within fifteen calendar days of the request, the requesting party may notify the hearing officer. Upon notice, the hearing officer shall allow the requested party fifteen calendar days to state why the requested data was not furnished. If inadequate or no response is received, the hearing officer may take one of the following actions:
(1) Subpoena the requested data under section 17-1736-68;
(2) Issue an order that the matters regarding which the request was made or any designated facts shall be taken to be established for the purposes of the hearing in accordance with the claim of the requesting party;
(3) Issue an order prohibiting the non-compliant party from supporting or opposing designated claims or defenses, or prohibiting that party from introducing designated matters in evidence; or
(4) Issue an order continuing or suspending further proceedings in the provider's request for review until the requested data is furnished as provided for in section 17-1736-70.
(5) The hearing officer, on the application of one of the parties, shall have the authority to determine that the request is unduly burdensome.
