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Billing Manual for Community Care Network Providers

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type of hearing, the location of the hearing (if applicable), and the date and time ofthe hearing.<strong>Community</strong> <strong>Care</strong> is a party to the hearing and must be present. <strong>Community</strong> <strong>Care</strong>,which may be represented by an attorney, will be prepared to explain and defend theissue on appeal. The DPW’s decision is based solely on the evidence presented atthe hearing.<strong>Community</strong> <strong>Care</strong> will provide members, at no cost, with records, reports, anddocuments, relevant to the subject of the Fair Hearing.The Bureau of Hearings and Appeals has up to 90 days from the receipt of a request<strong>for</strong> a Fair Hearing to process final administrative action. If the Bureau of Hearingsand Appeals has not taken final administrative action within 90 days of the receipt ofthe request, <strong>Community</strong> <strong>Care</strong> shall follow the requirements at 55 Pa. Code 275.4regarding the provision of interim assistance upon the request <strong>for</strong> such by themember. When the member is responsible <strong>for</strong> delaying the hearing process the timelimit <strong>for</strong> final administrative action will be extended by the length of the delayattributed to the member (55 Pa. Code 275.4).The Bureau of Hearings and Appeals’ adjudication is binding on <strong>Community</strong> <strong>Care</strong>unless reversed by the Secretary of Public Welfare. Either party may requestreconsideration from the Secretary within 15 days from the date of the adjudication.Only the member may appeal to Commonwealth Court within 30 days from the dateof adjudication (or from the Secretary’s final order, if reconsideration was granted).The decisions of the Secretary and the Court are binding on <strong>Community</strong> <strong>Care</strong>.Expedited Fair Hearing ProcessA request <strong>for</strong> an Expedited Fair Hearing may be filed with DPW either in writing ororally.A member does not have to exhaust the complaint or grievance process prior tofiling a request <strong>for</strong> an Expedited Fair Hearing.An Expedited Fair Hearing will be conducted if a member or a member’srepresentative provides the DPW with written certification from the member’sprovider that the member’s life, health, or ability to attain, maintain, or regainmaximum function would be placed in jeopardy by following the regular Fair Hearingprocess. This certification is necessary even when the member’s request <strong>for</strong> theExpedited Fair Hearing is made orally. The certification must include the provider’ssignature.A member who files a request <strong>for</strong> an Expedited Fair Hearing to dispute a decision todiscontinue, reduce, or change a service that the member has been receiving mustcontinue to receive the disputed service at the previously authorized level pendingresolution of the Fair Hearing, if the request <strong>for</strong> an Expedited Fair Hearing is handdeliveredor post-marked within 10 days of the date from the written notice ofdecision (within 1 calendar <strong>for</strong> urgent care decisions).Upon the receipt of the request <strong>for</strong> an Expedited Fair Hearing, the DPW’s Bureau ofHearings and Appeals or a designee will schedule a hearing.<strong>Community</strong> <strong>Care</strong> Provider <strong>Manual</strong> | 1-888-251-CCBH | © 2012 All Rights Reserved | Page 55

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