621.055. Medical assistance program, suppliers of services--hearing authorized, procedures--compensation for commissioner's extra duties--notice of right to appeal, content. - Missouri Statutes

Medical assistance program, suppliers of services--hearingauthorized, procedures--compensation for commissioner's extraduties--notice of right to appeal, content.

621.055. 1. Any person authorized pursuant to section 208.153, RSMo,to provide services for which benefit payments are authorized pursuant tosection 208.152, RSMo, may seek review by the administrative hearingcommission of any of the actions of the department of social servicesspecified in subsection 2, 3, 4 or 5 of section 208.156, RSMo. The reviewmay be instituted by the filing of a petition with the administrativehearing commission. The procedures applicable to the processing of suchreview shall be those established by chapter 536, RSMo. The administrativehearing commission shall maintain a transcript of all testimony andproceedings in any review governed by this section, and copies thereofshall be made available to any interested person upon the payment of a feewhich shall not exceed the reasonable cost of preparation and supply.Decisions of the administrative hearing commission under this section shallbe binding subject to appeal by either party. If the provider of servicesprevails in any dispute pursuant to this section, interest shall be allowedat the rate of eight percent per annum upon any amount found to have beenwrongfully denied or withheld. In any proceeding before the administrativehearing commission pursuant to this section the burden of proof shall be onthe provider of services seeking review.

2. As compensation for the additional duties imposed upon theadministrative hearing commission pursuant to the provisions of thissection and section 208.156, RSMo, each commissioner shall annually receivethe sum of five thousand dollars plus any salary adjustment providedpursuant to section 105.005, RSMo. Such additional compensation shall bepaid in the same manner and at the same time as other compensation for thecommissioners.

3. Any decision of the department of social services that is subjectto appeal to the administrative hearing commission pursuant to subsection 1of this section shall contain a notice of the right to appeal insubstantially the following language:

If you were adversely affected by this decision, you may appeal thisdecision to the administrative hearing commission. To appeal, you mustfile a petition with the administrative hearing commission within thirtydays from the date of mailing or delivery of this decision, whichever isearlier; except that claims of less than five hundred dollars may beaccumulated until such claims total that sum and, at which time, you haveninety days to file the petition. If any such petition is sent byregistered mail or certified mail, the petition will be deemed filed on thedate it is mailed. If any such petition is sent by any method other thanregistered mail or certified mail, it will be deemed filed on the date itis received by the commission.

(L. 1979 H.B. 88, A.L. 1984 S.B. 528, A.L. 2001 H.B. 693)

*Transferred 1984; formerly 161.274

Revisor's note: Salary adjustment index is printed, as required by § 105.005, RSMo, in Appendix E.