1. Any Long Term Care Facility may appeal the facility's reimbursement rate, a recoupment, a cost disallowance, a fine, a sanction, the imposition of a civil money penalty or suspension or termination from the program, by submitting a written notice of appeal to the Director of the Department of Human Services within thirty calendar days following the date of the appealed action. The appeal must clearly state the basis for appeal and must be accompanied by supporting documentation. If the facility wishes to utilize the “MEDIATION PROCESS” as contained in this section, it must so state in its written Notice of Appeal.

2. If an appeal is filed the DHS Director or his designee will appoint an independent hearing officer to hear the appeal. The hearing officer will schedule all appeals within 60 days of receipt of written notice of appeal by the Division and will notify the parties in writing of the hearing schedule. Provided that if the appealing facility states in its written Notice of Appeal that it wishes to utilize the “MEDIATION PROCESSES” and the department agrees, then the time for the DHS Director or his designee to appoint a Hearing Officer is waived. However, the appealing facility and the DHS Director or his designee shall implement the mediation process within the sixty days. Upon the termination of the mediation process, if any dispute stated in the notice of appeal remains unresolved, the DHS Director or his designee will appoint the Independent Hearing Officer within sixty days of the termination. The hearing officer will set a discovery schedule if requested by either party. Either party may request a continuance for good cause. The hearing officer may grant a continuance for good cause upon motion of either party or on the hearing officer's own motion. The hearing officer will render a written decision within 30 days of the hearing and furnish a copy of the decision to the parties or their representatives.

Any objection requesting disqualification of the hearing officer upon allegations of personal interest or bias must be made in writing, supported by good faith affidavit, and submitted to the DHS Director at least fifteen days before the scheduled hearing. The DHS Director will consider the objection promptly and rule on it in a timely manner.

1. The appellant may be present at the hearing, may be represented by counsel, and may call witnesses. DHS may appear by such officials as the Division may deem necessary, may be represented by counsel, and may call witnesses.

2. All testimony shall be under oath. Each party shall have the right to call and examine parties and witnesses; to introduce exhibits; to question opposing witnesses and parties on any matter relevant to the issue; and to rebut opposing evidence. The appellant shall have the burden of proving whatever facts it must establish to sustain its position by a preponderance of the evidence.

3. The Hearing Officer shall conduct himself in an impartial manner, and may question any party or witness at any time during the hearing.

1. All decisions rendered shall be submitted by the Hearing Officer in writing to the Director, DHS, for his review and final determination. At his discretion and for good cause the Director shall have the right to reverse a Decision, or to return the issue to the Hearing Officer for further consideration or additional findings of law or fact. All decisions by the Hearing Officer and the Director shall contain findings of fact and law in accordance with applicable State and Federal laws and regulations. The final decision shall be rendered in writing to the appellant.

1. If a long term care facility in its written Notice of Appeal states it desires to utilize the mediation process in attempt to resolve the dispute(s) between the facility and the DHS as stated in the notice of appeal, and the DHS agrees to the mediation process, then mediation shall be utilized to clarify, narrow or resolve the dispute(s). The DHS shall maintain a list of mediators supplied by the Arkansas Commission on Alternative Dispute Resolution Commission. The objective of the mediation process is to help each side in the dispute(s) understand the other's point of view, with a goal of narrowing, clarifying, or resolving issues in dispute. If the dispute(s) is/are resolved as a result of mediation, then a written statement signed by both parties will be filed with the DHS Director or his designee, shall substitute for a decision in the case, and shall not be appealable.

2. The Chief Counsel's Office of the Department of Human Services shall submit a list of available mediators from which a mediator agreed to by both parties will be selected. The mediator shall restrict his discussions to the designated representatives of the appealing facility and the designated representative of the Department. Designated representatives include each party's attorneys. The mediation shall not bind the parties. The mediation shall not add anything to the record except a final written agreement. The parties may add to the record, but only to the extent they both agree. The mediation shall not unduly delay the process of a case. Time limits for appointing a Hearing Officer and a decision shall be temporarily suspended during the mediation. The mediator shall insure the parties are continuing to work towards resolution of the dispute. The negotiations shall be confidential and shall not be communicated to any decision makers who may serve as future Hearing Officers. If the mediation fails to produce and agreement, or if mediation is not proceeding toward resolving the dispute, then the mediator or either party may so notify the DHS Director or his designee. The DHS Director or his designee will terminate the mediation whereupon the appeal will proceed as outlined in this Section.

3. The appealing facility and the Department of Human Services shall equally share the cost of the mediator's fee.