(a) Actions of the department regarding health facility payment rates under this chapter and Alaska Stat. § 47.25.120 – 47.25.300 are subject to provisions of Alaska Stat. Chapter 44.62 (Administrative Procedure Act) except as provided in (b) of this section, and the hearing for an appeal must be conducted by the office of administrative hearings (Alaska Stat. § 44.64.010) .
Terms Used In Alaska Statutes 47.07.075
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(b) The commissioner shall, by regulation, establish time limits applicable to the various phases of an administrative appeal process involving an appeal of the amount of a payment rate set by the department for a facility. The time limits set under the regulations supersede conflicting time limits in Alaska Stat. § 44.62.330 – 44.62.630. The regulations must provide that
(1) a hearing for an appeal described in this subsection must be scheduled under Alaska Stat. § 44.62.410 to occur no more than 120 days after written notice of rate appeal has been received by the department from a facility unless the facility requests a delay or good cause for the delay is demonstrated to the satisfaction of the hearing officer;(2) the commissioner must, within 30 days after receiving the recommendation of the hearing officer, either render a decision in the case or refer the case back to a hearing officer for additional findings;(3) if either time limit set under (1) or (2) of this subsection is not met, the department shall report the noncompliance to the legislature and the governor by the following January 20 with an explanation of the length of delay, reasons for the delay, and proposed corrective action by the department to ameliorate the causes of delay.
