20-10-1906. Scheduling informal dispute resolution hearings — Submission of documentary evidence.

20-10-1906. Scheduling informal dispute resolution hearings — Submission of documentary evidence. (a)(1) Upon receipt of a request for an informal dispute resolution hearing from a long-term care facility, the Department of Health shall assign the matter to an impartial decision maker. (2) If a deficiency in dispute concerns a pharmacy, a pharmacist, a pharmacy tag, or a deficiency where the expertise of a pharmacist is required, the impartial decision maker shall: (A) Be a pharmacist if the impartial decision maker is a single individual; or (B) Include a pharmacist if the impartial decision maker is a group of individuals. (b) The impartial decision maker shall: (1) Schedule a time and date for a hearing; and (2) Inform the parties of the time and date of the hearing. (c) If the request for an informal dispute resolution hearing includes a request by the long-term care facility for a hearing at which the long-term care facility may appear before the impartial decision maker, the impartial decision maker shall: (1) Arrange for facilities appropriate for conducting the hearing; and (2) Inform the parties of the location of the facility. (d)(1) Each party shall submit to the impartial decision maker all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the impartial decision maker. (2) Documentary evidence that is not submitted by the date specified by the impartial decision maker may be: (A) Refused and not considered by the impartial decision maker; or (B)(i) Accepted by the impartial decision maker. (ii) If the evidence is accepted, the impartial decision maker shall provide the opposing party the opportunity to submit additional documentary evidence. (iii) However, the additional evidence shall be limited to information that addresses or rebuts the documentary evidence submitted after the date specified by the impartial decision maker. (e)(1) If the request for an informal dispute resolution hearing does not include a request by the long-term care facility for a hearing at which the long-term care facility may appear before the impartial decision maker, or upon agreement of the long-term care facility and the Office of Long-Term Care, the impartial decision maker may conduct the hearing by telephone conference call or by a review of documentary evidence submitted by the parties. (2)(A) If the informal dispute resolution hearing is conducted by record review, the impartial decision maker may request, and the parties shall provide, a written statement setting forth the parties' positions for accepting, rejecting, or modifying each deficiency in dispute. (B) The written statement shall specify the documentary evidence that supports the position of each party for each deficiency in dispute. (C) The long-term care facility shall provide its written statement to the impartial decision maker and the office. (D) The office shall then provide its written statement in rebuttal to the impartial decision maker and the long-term care facility.