SECTION 317:2-1-17. Long-term care facility cost report appeals

  This rule describes a long-term facility's rights to administratively appeal any cost adjustment(s) made by the Oklahoma Health Care Authority (OHCA) to the facility's annual cost report, in accordance with the Oklahoma Administrative Code (OAC) 317:30-5-132, or any cost report reconsideration, in accordance with OAC 317:30-5-132.1.

(1)   The following are appealable issues of the program:

(A)   Any disputed adjustment(s) that are made by the OHCA to the facility's annual cost report, in accordance with OAC 317:30-5-132(5); or

(B)   Any disputed cost report adjustment reconsideration decision, made by OHCA's chief financial officer or his/her designee in accordance with OAC 317:30-5-132.1.

(2)   Appeals are heard by the OHCA administrative law judge (ALJ).

(3)   To file an appeal, the provider shall submit an LD-2 form within thirty (30) days of the date of the written notice of the OHCA's report adjustment(s) that resulted from an on-site audit, or a cost report reconsideration decision, as applicable.

(4)   The LD-2 shall only be filed by the provider or the provider's attorney in accordance with five (5) below.

(5)   Consistent with Oklahoma rules of practice, the provider shall be represented by an attorney licensed to practice within the State of Oklahoma. Attorneys not licensed to practice in Oklahoma shall comply with Article II, Section (§) 5 of Title 5 of the Oklahoma Statutes (O.S.), and rules of the Oklahoma Bar Association.

(6)   Parties who fail to appear at a hearing, after notification of said hearing date, will have their cases dismissed for failure to prosecute.

(7)   The long-term care facility has the burden of proof by the preponderance of the evidence standard as defined by the Oklahoma Supreme Court.

(8)   The docket clerk will send the long-term care facility and any other necessary party a notice which states the hearing location, date, and time.

(9)   The ALJ may:

(A)   Identify and rule on issues being appealed which will be determined at the administrative hearing;

(B)   Require the parties to state their positions concerning appeal issue(s);

(C)   Require the parties to produce for examination those relevant witnesses and documents under their control;

(D)   Rule on whether witnesses have knowledge of the facts at issue;

(E)   Establish time limits for the submission of motions or memoranda;

(F)   Rule on relevant motions, requests, and other procedural items, limiting all decisions to procedural matters and issues directly related to the contested determination resulting from OAC 317:30-5-132 and/or 317:30-5-132.1;

(G)   Rule on whether discovery requests are relevant;

(H)   Strike or deny witnesses, documents, exhibits, discovery requests, and other requests or motions which are cumulative, not relevant, not material, or used as a means of harassment, unduly burdensome, or not timely filed;

(I)   Schedule pre-hearing conferences to settle, simplify, or identify issues in a proceeding or to consider other matters that may end the appeal;

(J)   Impose appropriate sanctions against any party failing to obey an order of the ALJ;

(K)   Rule on any requests for extension of time;

(L)   Dismiss an issue or appeal if:

(i)   It is not timely filed or is not within the OHCA's jurisdiction or authority; and/or

(ii)   It is moot or there is insufficient evidence to support the allegations; and/or

(iii)   The appellant fails or refuses to appear for a scheduled meeting, conference, or hearing; and/or

(iv)   The appellant refuses to accept a settlement offer which affords the relief the party could reasonably expect if the party prevailed in the appeal; and/or

(M)   Set and/or limit the time frame for the hearing.

(10)   After the hearing:

(A)   The ALJ should attempt to make the final hearing decision within ninety (90) days from the date of the hearing and send a copy of the ALJ's decision to both parties outlining their rights to appeal the decision. Any appeal of the final order pursuant to 12 O.S. § 951 shall be filed with the District Court of Oklahoma County within thirty (30) days.

(B)   It shall be the duty of the appellant in any District Court appeal to order a written transcript of proceedings to be used on appeal, as required by 12 O.S. § 951.

(11)   All orders and settlements are non-precedential decisions.

(12)   The hearing shall be digitally recorded.

[Source: Added at 37 Ok Reg 210, eff 10-25-19 (emergency); Added at 37 Ok Reg 1469, eff 9-14-20]