37.2.720    ABILITY TO PAY, ADMINISTRATIVE REVIEW AND FAIR HEARING

(1) If the resident or a financially responsible person is aggrieved by the department's determination of ability to pay, that person may request an administrative review regarding the determination. The administrative review is subject to and shall be conducted in accordance with this rule.

(2) The request for administrative review must be:

(a) submitted to the department in writing;

(b) state the reasons the person contends that the determination is incorrect or fails to comply with legal requirements;

(c) include any additional information and substantiating documentation which the person wishes the department to consider in the administrative review;

(d) be received by the department within 30 days of mailing of the department's ability to pay determination letter; and

(e) be mailed or delivered to the Department of Public Health and Human Services, Fiscal Services Division, 111 N. Sanders, P.O. Box 6420, Helena, MT 59604-6420.

(3) A resident or financially responsible person aggrieved by an adverse department administrative review determination under this rule may request a fair hearing in accordance with ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.311, 37.5.313, 37.5.316, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334 and 37.5.337.

History: Sec. 53-1-403, MCA; IMP, Sec. 53-1-407 and 53-1-408, MCA; NEW, 1983 MAR p. 302, Eff. 4/15/83; AMD, 1984 MAR p. 1367, Eff. 9/14/84; TRANS & AMD, from DOC, 1999 MAR p. 1300, Eff. 6/18/99; AMD, 2000 MAR p. 1653, Eff. 6/30/00; AMD, 2003 MAR p. 2440, Eff. 10/31/03.