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NC Department of Health and Human Services
Division of Medical Assistance Home
 
 

Administrative Hearings and Appeals

Lavette Young
Phone: 919-647- 8200
Fax: 919-715- 6394


Under 10A NCAC 22F.0400, the Department of Health and Human Services (DHHS) Hearing Office conducts informal reconsideration reviews for Medicaid providers (e.g., hospitals, physicians, pharmacies, home health agencies, etc.) appealing recoupments assessed by DMA's Program Integrity Section based upon post-payment reviews.

Under 10A NCAC 22H.0200, the DHHS Hearing Office conducts more formal hearings for residents appealing a notice of discharge from a Skilled Nursing Facility.

Under 10A NCAC 13F.0702, the DHHS Hearing Office conducts more formal hearings for residents appealing a notice of discharge from an Adult Care Home.

Under N.C. Session Law 2008-107, Section 10.15A(e1)-(f), the DHHS Hearing Office conducts evidentiary hearings on a temporary basis (through July 1, 2010) for Community Support providers appealing an adverse decision made by the Department to recoup reimbursment for Community Support Services or appealing withdrawal or denial of endorsement to provide Community Support Services by a Local Management Entity. Appeals under the Session Law can be made by filing a petition with the Chief Hearings Clerk within 30 days of the mailing of the adverse notice.

Per N.C. Session Law 2008-107, Section 10.15A(h1), the DHHS Hearing Office no longer conducts informal appeals for Medicaid recipients dissatisfied with a decision of the Department regarding Medicaid covered medical services. The Office of Administrative Hearing (OAH) now handles these appeals.

Requests for Continuance

Requests for the continuance of a hearing will be granted at the discretion of the Hearing Officer if good cause is shown. Good cause is defined as circumstances beyond the control of the party requesting the continuance.

Hearing continuance requests must be made in writing and must be received by the Hearing Officer assigned to the case at least five (5) days prior to the scheduled hearing date. No continuances will be granted after that time except for extraordinary circumstances as determined by the Hearing Officer if good cause is shown. Parties should notify the opposing party when requesting a continuance.

Examples of good cause include but are not limited to:

  • Death or illness of a party, representative or attorney
  • Lack of proper notice of the hearing
  • Parties have agreed to enter into settlement negotiations and both sides request a continuance to pursue settlement
  • Attorney has a scheduling conflict with another court appearance that takes precedence
  • Party obtained legal counsel subsequent to filing the appeal and the attorney needs additional time to prepare for hearing

 

December 10, 2009