Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Medical Assistance Services
Board
Board of Medical Assistance Services
chapter
Administration of Medical Assistance Services [12 VAC 30 ‑ 20]
Action Appeal Regulation Updates
Stage Final
Comment Period Ends 8/10/2016
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8/10/16  4:24 pm
Commenter: Stephen D. Rosenthal

Appeal Regulation Updates
 

I fully agree with, and adopt in total, Mr. Joseph's comments.   I question whether some of the proposed changes will pass constitutional muster.  For example, the presumption concerning the receipt of email by a provider, where the provider must prove a negative, is virtually impossible to overcome.  In addition, some amendments are inconsistent with the statutory mandates of the Administrative Process Act.

As a whole, these amendments are essentially designed to prevent the provider from ever being successful in an appeal.  They are onerous and unnecessary.