(2) Providers and applicants must request an internal conference or an appeal for
administrative hearing in writing which shall be received within 30 calendar days of the
notice of adverse action unless otherwise specified in the notice of adverse action or if a
different appeal period exists in state or federal regulations.
(3) If a provider or an applicant does not timely request an internal conference or
appeal for administrative hearing after receiving notice of an adverse action, the notice of
adverse action is final and the department may act on it.
History: 1979 AC; 2016 AACS.
R 400.3405 Internal Conference.
Rule 5. (1) Before a provider or an applicant requests an administrative hearing, a
provider or an applicant may request an internal conference. The purpose of the internal
conference is to determine whether the department action was taken according to policy.
(2) The provider or applicant may meet with a department staff member who acts as
the appeals review officer from the appeals section or its successor section. The staff
member is an impartial arbiter who facilitates the communication and the exchange of
information between the provider or applicant and the department program staff.
(3) All requests for an internal conference must be submitted in writing to the
department. The appeals review officer may deny requests for internal conferences
received after 30 days or after the date specified in the notice of adverse action.
(4) A request must state all of the following:
(a) Item or items being appealed.
(b) The dollar amount involved, if any.
(c) All necessary documentation to support the reason for the internal conference.
(d) Failure to follow the requirements in this subrule may result in the denial of the
internal conference by the appeals review officer.
(5) The appeals section must issue a decision within 30 days after the conclusion of
the internal conference.
(6) Should the provider, applicant, and/or the department disagree with the internal
conference decision, the provider, applicant, and/or the department has the right to an
administrative hearing. Requests for an administrative hearing must be in writing and
made within 30 days of the decision of the internal conference decision.
History: 1979 AC; 2016 AACS.
R 400.3406 Formal hearing.
Rule 6. (1) A provider or applicant is entitled to a formal hearing pursuant to
chapter 4 of 1969 PA 306, MCL 24.271 to MCL 24.287, in any case in which there has
been a final determination of an adverse action as defined in R 400.34012, except where
that action is predicated upon the situation described in subrule (2) of this rule.
(2) A request for a formal hearing shall not be granted if the adverse action is the
result of the revocation, suspension, or termination, by an authority other than the
department, of the provider's license or certification to practice in the provider's
profession or to operate a nursing home, hospital, or other such medical facility,