New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter E - Medical Care
Article 3 - Policies and Standards Governing Provision of Medical and Dental Care
Part 517 - Provider Audits
Section 517.6 - Final audit report

Current through Register Vol. 46, No. 39, September 25, 2024

(a) After receipt of the provider's objections to the draft audit report, or at any time after the expiration of 40 days after mailing of the draft audit report without objections having been received, a final report may be issued. In preparing the final audit report, the department must consider the objections, any supporting documents and materials submitted therewith, the draft audit report, and any additional material which may become available.

(b) The final audit report and/or the cover letter accompanying it must clearly advise the provider:

(1) of the nature and amount of the audit findings, the basis for the action and the legal authority therefor;

(2) of the action which will be taken;

(3) of the effective date of the intended action which will be not less than 20 days from the date of the final audit report;

(4) of the right to appeal the audit findings set forth in the final audit report and of the requirements and procedures for requesting an administrative hearing;

(5) that the request may not address issues regarding the methodology used to determine the rate or any issue that was raised or could have been raised at a proceeding to appeal a rate determination but shall be limited to those issues relating to determinations contained in the final audit report.

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