R410-14-8. Prehearing Procedures

  (1) DMHF shall schedule a preliminary conference, or begin negotiations in writing, within 30 calendar days from the date it receives the request for a hearing or agency action.

  (2) The hearing officer may elect to conduct a preliminary conference to:

  (a) formulate or simplify the issues;

  (b) obtain admissions of fact and documents that will avoid unnecessary proof;

  (c) arrange for the exchange of proposed exhibits or prepared expert testimony;

  (d) outline procedures for the hearing; or

  (e) to agree to other matters that may expedite the orderly conduct of the hearing or settlement.

  (3) The hearing officer may request a review of the medical record by a DMHF CHEC/Utilization Review committee to evaluate the medical necessity of benefits or services under dispute. The committee's recommendation is not binding, but may be admitted as evidence and included in the hearing record. If a party to the proceeding objects to the committee's determination, a representative of the committee shall be made available at the hearing for examination by the hearing officer and the parties.

  (4) The hearing officer may require the parties to submit a prehearing position statement setting forth the parties' positions.

  (5) The parties may enter into a written stipulation during the preliminary conference or at any time during the process.

  (6) Ex parte communications with the hearing officer are prohibited. If a party attempts ex parte communication, the hearing officer shall inform the offeror that any communication that the hearing officer receives off the record, will become part of the record and furnished to all parties. Ex parte communications do not apply to communications on the status of the hearing and uncontested procedural matters.

  (7) The agency shall allow the aggrieved person or a representative to examine all DMHF documents and records upon written request to DMHF at least three days before the hearing.

  (8) A party may request access to protected health information in accordance with Rule 380-250, which implements the privacy rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

  (a) The agency may request copies of pertinent records in the possession of a party and the recipient's health care providers. In the event the recipient or provider fails to produce the records within a reasonable time, DMHF may review all pertinent records in the custody of the recipient or provider during regular working hours after three days of written notice.

  (b) The recipient shall submit medical records with the hearing request whenever possible. Necessary medical records include:

  (i) the provision of each service and activity addressed in the hearing request;

  (ii) the first and last name of the party;

  (iii) the reason for performing the service or activity that includes the party's complaint or symptoms;

  (iv) the recipient's medical history;

  (v) examination findings;

  (vi) diagnostic test results;

  (vii) the goal or need that the plan of care identifies; and

  (viii) the observer's assessment, clinical impression or diagnosis that includes the date of observation and identity of the observer.

  (c) The medical records must demonstrate that the service is:

  (i) medically necessary;

  (ii) consistent with the diagnosis of the recipient's condition; and

  (iii) consistent with professionally recognized standards of care.

  (9) The hearing officer may require each party to file a signed prehearing disclosure form at least 10 calendar days before the scheduled hearing that identifies:

  (a) fact witnesses;

  (b) expert witnesses;

  (c) exhibits and reports the parties intend to offer into evidence at the hearing.

  (10) Each party shall supplement the disclosure form with information that becomes available after filing the original form.