Indiana Administrative Code
Title 455 - DIVISION OF AGING
Article 2 - HOME AND COMMUNITY BASED SERVICES
Rule 7 - Appeals
Section 7-1 - Appeals

Universal Citation: 455 IN Admin Code 7-1

Current through July 10, 2024

Authority: IC 12-9.1-2-3; IC 12-10.5-2-2

Affected: IC 4-21.5; IC 12-10

Sec. 1.

(a) If an HCBS provider has an executed contract or provider agreement to provide a service to an individual, the provider has the right to appeal decisions that adversely affect the service provider.

(b) The service provider shall make a written request for an appeal hearing to the secretary within fifteen (15) days of the date of an adverse decision.

(c) The request must:

(1) include a statement indicating with reasonable particularity the issue the service provider wishes to be reviewed; and

(2) be signed and dated by the service provider.

(d) Appeal proceedings will be conducted by a family and social services administration-appointed administrative law judge (ALJ) under IC 4-21.5. Notice of the ALJ's decision shall be sent also to any listed adversely affected party.

Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1.2-7-1 ) to the Division of Aging ( 455 IAC 2-7-1 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.

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