5160-80-02 Hearing requests.  

  • Text Box: ACTION: Original Text Box: DATE: 03/28/2016 12:57 PM

     

     

     

    PUBLIC HEARING NOTICE OHIO DEPARTMENT OF MEDICAID

     

    DATE:                       April 28, 2016

    TIME:                          11:30 a.m.

    LOCATION:               Room A401, Lazarus Building

    50 W. Town St., Columbus, Ohio 43215-3414

     

    Pursuant to section 5160.37 and Chapter 119. of the Ohio Revised Code, the Director of the Ohio Department of Medicaid (ODM) gives notice of the Department's intent to consider the adoption of the rules as identified below and of a public hearing thereon.

     

    Rules 5160-80-0 through 5160-80-09, entitled Hearings Conducted Under the Authority of Section

    5160.37 of the Revised Code, are being proposed for adoption as required by Section 5160.37 of the Revised Code. The new rules are:

     

    Rule 5160-80-01 (Hearings conducted under authority of section 5160.37 of the Revised Code: definitions and scope of applicability).  This rule contains the rule definitions.

     

    Rule 5160-80-02 (Hearing requests). This rules explains how an appellant makes a hearing request and explains the deadlines for making the request.

     

    Rule 5160-80-03 (Postponement of the hearing). This rule addresses the grounds for a hearing postponement and gives the hearing examiner the discretion whether to grant or deny a postponement.

     

    Rule 5160-80-04 (Denial and dismissal of hearing requests). This rule addresses the grounds for denial or dismissal of a hearing request and provides a right of appeal.

     

    Rule 5160-80-05 (Scheduling and attendance).  This rule addresses the time and place of the hearing, the contents of the scheduling notice for the hearing, who may attend the hearing, the procedure for document and information exchange between the parties, and the issuance of subpoenas.

     

    Rule 5160-80-06 (Rights and responsibilities of the parties and hearing examiner). This rule explains that the appellant has the burden of proof of showing by clear and convincing evidence that ODM or the county job and family services should receive an amount different than the statutory reimbursement formula; the right of each party to present its case at hearing; and the authority of the hearing examiner to regulate the hearing and to issues orders (both prior to and during the hearing) in furtherance of that authority.

     

    Rule 5160-80-07 (Recording of the hearing).  This rule addresses the responsibility of the hearing examiner to make a recording of the hearing, how copies can be obtained, and the status

     

     

     

     

     

     

     

     

     

     

    of the hearing recording for purpose of administrative appeal and appeal to the court of common pleas.

    Rule 5160-80-08 (Hearing decisions). This rule addresses what the contents of the hearing examiner's hearing decision must contain, and explains the binding effect of the decision upon the parties unless a timely appeal is filed by the appellant.

    Rule 5160-80-09 (Administrative appeal of the hearing decision). This rule addresses the timeline for filing an administrative appeal to the director; the grounds for adoption, amendment, reversal or remand of the hearing decision; and the binding effect of the administrative appeal decision upon the parties unless a timely appeal is filed by the appellant to the common pleas court.

    A copy of the proposed rules are available, without charge, to any person affected by the rules at the address listed below. The rules also are available on the internet at  http://www.registerofohio.state.oh.us/. A public hearing on the proposed rules will be held at the date, time, and location listed at the top of this notice. Both written and oral testimony will be taken at the public hearing. Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.

    Requests for a copy of the proposed rules and testimony on the rules should be submitted by mail to the Ohio Department of Medicaid Rule Administrator, Office of Chief Legal Counsel, 50 W. Town St, Suite 400, Columbus, Ohio 43215-3414, by fax at (614) 995-1301, or by e-mail at  Rules@Medicaid.Ohio.gov. Testimony received may be reviewed at this address.