Hearings Related to State Survey Actions Must be Filed Electronically
May 13, 2015 04:38 PM
The Centers for Medicare & Medicaid Services has issued a survey and certification letter stating that effective October 1, 2014, providers that disagree with actions imposed on their agencies/facilities and want to request a hearing with an Administrative Law Judge in the Civil Remedies Division must submit their request electronically to the Departmental Appeals Board using the DAB E-File at https://dab.efile.hhs.gov. In order to utilize the electronic filing system, petitioners must first become a registered user. The letter includes an attachment that provides detailed instructions on how to register and use the DAB’s Electronic Filing System are attached.
Before collecting a civil money penalty, section 1128A of the Act requires the Secretary (CMS) to conduct a hearing for an HHA that properly requests. An HHA may request a hearing with the Administrative Law Judge (ALJ) on the determination of the noncompliance that is the basis for imposition of the civil money penalty. The procedures to request a hearing specified in 42 C.F.R. §498.40 are followed when CMS imposes a civil money penalty on an HHA.
Written requests for hearings delivered by postal delivery are no longer accepted as of October 1, 2014, unless the petitioner does not have access to internet or a computer. In those circumstances, the petitioner may call the Civil Remedies Division and provide an explanation as to why they cannot file electronically or a request for a waiver from e-filing can be submitted along with a written request. Confirmation of a waiver from e-filing will be received in writing. The letter includes an attachment that provides sample language that can be used in the Appeal Rights notice which details a petitioner’s options for filing a hearing request
Although the letter was issued April 24, 2015, the effective date for the directive is retroactive to October 1, 2014.
Click here to view the letter