§ 50-24.1-24 — Provider appeals - Definitions

North Dakota § 50-24.1-24

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-24.1: Medical Assistance for Needy Persons

Text

1. For purposes of this section:
a. "Denial of payment" means that the department has denied payment for a
medical assistance claim or reduced the level of service payment for a service
provided to an individual who was an eligible medical assistance recipient at the
time the service was provided or the recoupment or adjustment of a claim, or part
of a claim, following an audit or review.
b. "Provider" means an individual, entity, or facility that furnishes medical or
remedial services or supplies pursuant to a provider agreement with the
department or a third-party billing agency of the provider.
2. A provider may request a review of denial of payment under this section by filing a
written request for review with the department within thirty days of the date of the
department's denial of payment. The written request for review must include the
remittance advice or the notice of recoupment or adjustment and a statement of each
disputed item with the reason or basis for the dispute. A provider may not request
review under this section of the rate paid for a particular service or for a full or partial
denial, recoupment, or adjustment of a claim due to required federal or state changes,
payment system defects, or improper claims submission.
3. Within thirty days after requesting a review, a provider shall provide to the department
all documents, written statements, exhibits, and other written information that support
the provider's request for review, together with a computation and the dollar amount
that reflects the provider's claim as to the correct computation and dollar amount for
each disputed item.
4. The department shall assign to a provider's request for review someone other than any
individual who was involved in the initial denial of the claim. A provider who has
requested review may contact the department for an informal conference regarding the
review anytime before the department has issued its final decision.

5. The department shall make and issue a final decision within seventy-five days of
receipt of the notice for review, if the department has denied payment for a medical
assistance claim or reduced the level of service payment for a service. The department
shall make and issue a decision within seventy-five days, or as soon thereafter as
possible, of receipt of the notice of request for review, if the department has recouped
or adjusted a claim, or part of a claim, following an audit. The department's final
decision must conform to the requirements of section 28-32-39. A provider may appeal
the final decision of the department to the district court in the manner provided in
section 28-32-42, and the district court shall review the department's final decision in
the manner provided in section 28-32-46. The judgment of the district court in an
appeal from a request for review may be reviewed in the supreme court on appeal by
any party in the same manner as provided in section 28-32-49.
6. Upon receipt of notice that the provider has appealed its final decision to the district
court, the department shall make a record of all documents, written statements,
exhibits, and other written information submitted by the provider or the department in
connection with the request for review and the department's final decision on review,
which constitutes the entire record. Within thirty days after an appeal has been taken
to district court as provided in this section, the department shall prepare and file in the
office of the clerk of the district court in which the appeal is pending the original and a
certified copy of the entire record, and that record must be treated as the record on
appeal for purposes of section 28-32-44.