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Minnesota Legislature

Office of the Revisor of Statutes

9505.2245 APPEAL OF DEPARTMENT ACTION.

Subpart 1.

Vendor's right to appeal.

A vendor may appeal the department's proposed actions under parts 9505.2210, 9505.2215, and 9505.2220, under the provisions of Minnesota Statutes, sections 14.57 to 14.62.

A.

The appeal request shall specify:

(1)

each disputed item, the reason for the dispute, and estimate of the dollar amount involved for each disputed item;

(2)

the computation that the vendor believes is correct;

(3)

the authority in the statute or rule upon which the vendor relies for each disputed item; and

(4)

the name and address of the person or entity with whom contacts may be made regarding the appeal.

B.

An appeal shall be considered timely if written notice of appeal is received by the commissioner as provided by statute.

C.

Before the appeal hearing, the commissioner may suspend or reduce payment to the provider, except a nursing facility or convalescent care facility, if the commissioner determines that action is necessary to protect the public welfare and the interests of the program.

Subp. 2.

Recipient's right to appeal.

A recipient may appeal any sanction proposed by the department under Minnesota Statutes, section 256.045, and part 9505.0130.

Statutory Authority:

MS s 256B.04; 256D.03

History:

15 SR 2563; 19 SR 1898; 33 SR 127

Published Electronically:

August 12, 2008