§ 50-24.4-18 — Appeals

North Dakota § 50-24.4-18

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-24.4: Nursing Home Rates

Text

1. A nursing home dissatisfied with the final rate established may, upon completion of the
reconsideration, appeal. An appeal may be perfected by mailing or delivering the
information described in subdivisions a through e to the department, at such address
as the department may designate, mailed or delivered on or before five p.m. on the
thirty-first day after the date of mailing of the determination of the medical services
division made with respect to a request for reconsideration. An appeal under this
section is perfected only if accompanied by written documents including the following
information:
a. A copy of the letter received from the medical services division advising of that
division's decision on the request for reconsideration;
b. A statement of each disputed item and the reason or basis for the dispute;
c. A computation and the dollar amount which reflects the appealing party's claim as
to the correct computation and dollar amount for each disputed item;
d. The authority in statute or rule upon which the appealing party relies for each
disputed item; and
e. The name, address, and telephone number of the person upon whom all notices
will be served regarding the appeal.
2. Upon assignment, the hearing officer shall set and conduct the hearing within one
hundred twenty days of the date of assignment.
3. Within sixty days after all evidence has been received, the department shall make its
findings of fact and conclusions of law and enter a decision based upon its findings
and conclusions.
4. A nursing home may seek a writ of mandamus to compel the hearing officer to timely
set and conduct a hearing or to compel the department to timely issue a decision;
however, no writ may be granted to a nursing home contributing to the delay.