§ 1958 - Appeals - Vermont Statutes

§ 1958. Appeals

(a) Any health care provider may submit a written request to the office for reconsideration of the determination of the assessment within 20 days of notice of the determination. The request shall be accompanied by written materials setting forth the basis for reconsideration. If requested, the office shall hold a hearing within 20 days from the date on which the reconsideration request was received. The office shall mail written notice of the date, time, and place of the hearing to the health care provider at least 10 days before the date of the hearing. On the basis of the evidence submitted to the office or presented at the hearing, the office shall reconsider and may adjust the assessment. Within 20 days of the hearing, the office shall provide notice in writing to the health care provider of the final determination of the amount it is required to pay based on any adjustments made by it. Proceedings under this section are not subject to the requirements of 3 V.S.A. chapter 25.

(b) Upon request, the director shall enter into nonbinding arbitration with any health care provider dissatisfied with the office's decision regarding the amount it is required to pay. The arbitrator shall be selected by mutual consent, and compensation shall be provided jointly.

(c) Any health care provider may appeal the decision of the office as to the amount it is required to pay either before or after arbitration, to the superior court having jurisdiction over the health care provider. (Added 1991, No. 94, § 1; amended 1991, No. 253 (Adj. Sess.), § 8; 1993, No. 56, § 1, eff. June 3, 1993; 2005, No. 71, § 293.)