Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-63 - Appeal of Denial of Long-Term Care Facility Certification
Section 3701-63-01 - Medicaid certification appeal process
Current through all regulations passed and filed through September 16, 2024
(A) This rule prescribes the procedure for appeal of proposals by the director of health to deny, terminate or not renew a long-term care facility's certification as an intermediate care facility or an intermediate care facility for individuals with intellectual disabilities for the purposes of participation in the medicaid program established by Title XIX of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301 et seq., as amended (1981), and Chapter 5165. of the Revised Code. The appeal process includes:
The director will not issue an adjudication order of denial, termination or nonrenewal of a facility's certification until an evidentiary hearing is completed or a hearing is not requested within the time period specified in paragraph (D) of this rule.
(B) For any proposal to deny, terminate, or not renew a facility's certification, the director will give the facility a written notice by certified mail that includes the following:
(C) If the director offers a facility an informal reconsideration, the reconsideration will be afforded if it is requested in writing and includes documentation, arguments, or other information that the facility wishes to present to refute the basis for the proposed action and is received within fifteen days of the date of mailing of the notice of the proposed action. After considering the information provided by the facility and any other pertinent material, the director will send written notice of the decision on reconsideration to the facility by certified mail. If the reconsideration does not result in certification of the facility or the facility does not request reconsideration within the time period specified by this paragraph, the director will notify the facility of the opportunity for an evidentiary hearing on the proposed action, in accordance with paragraph (B) of this rule.
(D) The director will afford a facility an evidentiary hearing in accordance with Chapter 119. of the Revised Code, if the facility requests the hearing in writing within thirty days of the date of mailing of the notice of the proposed action or the notice of the director's decision on reconsideration, as applicable.
(E) Any facility with respect to which the director has issued an adjudication order of denial, termination or nonrenewal of certification may appeal the order to the court of common pleas of the appropriate county, in accordance with section 119.12 of the Revised Code.
