10A NCAC 10 .0311          PROVIDER APPEAL TO LOCAL PURCHASING AGENCY

(a)  A provider or recipient wishing to contest an action shall request an initial review with the local purchasing agency within 30 calendar days of effective date of the local purchasing agency action.

(b)  The local purchasing agency must make a determination on the initial review within 10 calendar days of the request for an initial review.  Within 30 calendar days of notice of the determination on the initial review by the local purchasing agency, the provider may request a local appeal hearing by the local purchasing agency.

(c)  The local appeal hearing shall be held within five calendar days of when the request is received.  The local purchasing agency shall grant a delay of up to 10 days at the written request of the provider, but in no event shall the local appeal hearing be held more than 15 calendar days after the receipt of the request for hearing.

(d)  The local purchasing agency must serve a written statement of decision within 10 calendar days following the local hearing.  The decision shall include the facts and conclusions which support the determination by the local purchasing agency.

(e)  The local purchasing agency shall include with its written statement of decision instructions for appealing its decision.

(f)  A provider may appeal the written statement of decision of the local purchasing agency to the State Subsidy Services Appeals Panel by filing a notice of appeal within 15 calendar days of receipt of the written statement of decision.

 

History Note:        Authority G.S. 143B-153;

Eff. December 1, 2011.