A. Upon receipt of a request for an alternative informal dispute resolution from a facility, the State Department of Health shall assign the matter to an impartial decision-making panel.
B. The Department shall:
1. Schedule a time and date for a meeting; and
2. Inform the parties of the time and date of the alternative informal dispute resolution.
C. If the request for an alternative informal dispute resolution includes a request by the facility for a meeting at which the facility may appear before the decision-making panel, the Department shall:
1. Arrange for facilities appropriate for conducting the meeting; and
2. Inform the parties of the location of the meeting.
D. Each party shall submit to the impartial decision-making panel all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the Department.
E. 1. If the request for an alternative informal dispute resolution does not include a request by the facility for a meeting at which the facility may appear before the impartial decision-making panel, or upon agreement of the facility and the Department, the impartial decision-making panel may conduct the meeting by telephone conference call or by a review of documentary evidence submitted by the parties.
2.a.If the alternative informal dispute resolution is conducted by record review, the impartial decision-making panel may request, and the facility shall provide, a written statement setting forth the facility’s position on accepting, rejecting, or modifying each deficiency in dispute.
b.The written statement shall specify the documentary evidence that supports the position of the facility for each deficiency in dispute.
c.The facility shall provide its written statement to the impartial decision-making panel and the Department.
d.The Department shall then provide its written statement in rebuttal to the impartial decision-making panel and the facility.
Added by Laws 2007, c. 347, § 5, eff. Nov. 1, 2007.
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