Michigan Administrative Code
Department - Health and Human Services
Medical Services Administration
MSA Provider Hearings
Section R. 400.3406 - Formal hearing

(1) A provider or applicant is entitled to a formal hearing pursuant to chapter 4 of 1969 PA 306, MCL 24.271 to MCL 24.287, in any case in which there has been a final determination of an adverse action as defined in R 400.34012, except where that action is predicated upon the situation described in subrule (2) of this rule.

(2) A request for a formal hearing shall not be granted if the adverse action is the result of the revocation, suspension, or termination, by an authority other than the department, of the provider's license or certification to practice in the provider's profession or to operate a nursing home, hospital, or other such medical facility, and if the department is in receipt of a certified copy or formal notification of such revocation, suspension, or termination.

(3) A formal hearing shall be granted if the revocation, suspension, or termination of the provider's license, certification, or authorization is the result of a department action, unless the provider previously had an opportunity to have that action reviewed.

(4) Unless a written request for a formal hearing is received within 30 calendar days of notification of intent to terminate, the provider's participation shall automatically terminate as of the thirtieth calendar day after date of notification. Such termination shall then be a final and binding administrative determination.

(5) The request shall identify all of the following:

(6) The request shall be submitted with any documentary evidence the provider or applicant considers necessary to support its position.