A vendor may appeal a rate set by the Department of Developmental Services based on errors by either the vendor or the Department, the effective date of the rate, or the denial of a rate adjustment request.
The vendor must file the appeal with the Department’s Deputy Director of Administration within 12 months of receipt of the rate notification. The appeal shall contain pertinent vendor information, identification of the rate error or effective date being appealed, the specific basis for the appeal, along with all supporting documentation or information necessary to justify the appeal. A copy shall also be mailed to the vendoring and using regional centers. The Deputy Director may request additional information within 15 days.
The Deputy Director shall render a decision within 60 days after receiving all required or requested information. The decision shall identify the specific issues in dispute, rule on each issue, state the facts supporting each ruling and identify the pertinent statutory and regulatory authority.
If the vendor is unsatisfied with the Deputy Director’s decision, the vendor may appeal to the Department Director within 15 days of receipt of the Deputy Director’s decision. This appeal shall contain everything sent previously to the Deputy Director, a copy of the Deputy Director’s decision, and a statement of the facts, issues, documentation and supporting authority identifying why the Deputy Director’s decision should be reversed. The Department Director or the Chief Deputy Director shall issue a decision within 60 days of receiving all required or requested information. This decision is the final level of administrative appeal.
A copy of this decision will be sent to the vendor, and the vendoring and using regional centers within 15 days after the decision is rendered.
Last modified: March 12, 2019
