Ala. Admin. Code r. 560-X-22-.29
Current through Register Vol. 42, No. 11, August 30, 2024
Section 560-X-22-.29 - Cost Report Preparers(1) Cost Report Preparers. "Cost Report Preparer" includes any person (including a partnership or corporation) who, in return for compensation, prepares or employs another to prepare all or a substantial portion of a Medicaid cost report. A cost report preparer can include both the actual preparer of the report as well as his or her employer. Where more than one person aids in filling out a Medicaid cost report, the one who has primary responsibility for the preparation of the report will usually be a preparer, while those involved only with individual portions of the report will usually not be preparers. Any person who supplies enough information and advice so that the actual completion of the return is a mere mechanical or clerical matter is a cost report preparer even though the person doesn't actually place or review the placement of the information on the cost report.(2) Refusal of Cost Reports. Medicaid will refuse to accept cost reports prepared by a cost report preparer who:(a) Has shown a pattern of negligent disregard of the principles established by or incorporated by reference into this Code;(b) Prepares a cost report evidencing an intentional disregard of the Medicaid Reimbursement Principles;(c) Has given false or misleading information, or participated in giving false or misleading information to any Medicaid employee, the Alabama Medicaid Agency, or to any hearing officer authorized to conduct hearings with regard to Medicaid reimbursement issues, knowing such information to be false or misleading. "Information" includes facts or other information contained in testimony, Medicaid Cost Reports, financial statements, affidavits, declarations, or any other documents or statements, written or oral.(d) Medicaid will treat any cost report prepared by a cost report preparer who has been determined to be ineligible to prepare Medicaid cost reports as incomplete and shall promptly return any such cost report to the provider on whose behalf the report has been prepared. The receipt by Medicaid of such cost reports shall not satisfy, suspend, or stay the requirements of this chapter relating to the timely filing of Medicaid Cost Reports.(3) Determination of Eligibility:(a) Upon receipt by any Medicaid employee of information indicating that a cost report preparer may have engaged in conduct which could result in the refusal by Medicaid to accept cost reports prepared by such preparer under 560-X-22-.29(2) of this section, such information shall be promptly reported to Medicaid's Director of Provider Audit who shall ensure that an informal inquiry is made regarding the reliability of such information. Medicaid legal counsel and/or appropriate representatives of the attorney general's office shall be consulted, as deemed appropriate.(b) Informal Inquiry: 1. If the Medicaid Director of Provider Audit, based upon such informal inquiry, determines that there is substantial evidence that the preparer has engaged in conduct specified in Rule 560-X-22-.28, he will give written notice to the preparer which will offer the preparer the opportunity to refute such information or allegations. If the preparer fails to provide the Director of Provider Audit with information which results in a determination by the director that the evidence of misconduct is insufficient to justify suspension, the director will, at the preparer's request, have a hearing arranged and will have the preparer notified that such an administrative hearing will be held with regard to the alleged misconduct.2. Should the preparer fail to deny or provide documentation or information to refute the allegations made against him within thirty (30) days after the date of the mailing of the initial letter to the preparer, such allegations will be deemed to be admitted, and the preparer will have waived his right of hearing. The Director of Provider Audit will then notify the preparer of his suspension under this rule.3. The above-described hearing will be set for a time no earlier than thirty (30) days after the date of the mailing of the initial letter to the preparer.(c) Procedures Related to Informal Inquiry: 1. Notice. The initial notice from the Director of Provider Audit to the preparer will describe with sufficient specificity the allegations being made against him to allow him to respond to those allegations in a specific manner.2. The Notice of Hearing. The notice of hearing to the preparer will repeat the allegations which constitute the basis for the proceedings and state the date, time, and place of the hearing. The hearing, as noted in Rule 560-X-22-.29(3)(b) l. above will be arranged only at the request of the preparer. Such notice shall be considered sufficient if it fairly informs the preparer of the allegations against him so that he is able to prepare his defense. Such notice may be mailed to the preparer by first class or certified mail, addressed to him at his last address known to the Director of Provider Audit. A response or correspondence from the preparer or his representative shall be mailed to Director of Provider Audit, Alabama Medicaid Agency, 501 Dexter Ave., Montgomery, Alabama 36104.3. Answer. No written answer to the notice of hearing shall be required of the preparer.4. Hearing. The hearing shall be conducted in accordance with Medicaid's regulations related to fair hearings. (Chapter 3 of the Alabama Medicaid Administrative Code.)5. Failure to Appear. If the preparer fails to appear at the hearing after notice of the hearing has been sent to him, he shall have waived the right to a hearing and the Commissioner of Medicaid may make his or her determination without further proceedings.6. Determination of Ineligibility. The determination of the ineligibility of a cost report preparer to prepare Medicaid cost reports will lie solely with the Commissioner of Medicaid. The commissioner will make such determination after giving due consideration to the written recommendation of the hearing officer, unless the preparer has waived his right to hearing, in which event there need be no recommendation by the hearing officer.7. Notification of Ineligibility. If the determination of the commissioner is that the preparer shall no longer be eligible to prepare Medicaid cost reports, the preparer shall be notified in writing, and the preparer shall thereafter not be eligible to prepare such reports unless and until authorized by the Commissioner of Medicaid to do so. Such a preparer shall IN NO EVENT be eligible to prepare such cost reports during the two (2) year period immediately following his suspension. Any person who acts as a cost report preparer during his period of suspension shall not thereafter be eligible to act as a cost report preparer for a period of ten (10) years from the date of his original suspension. Any provider who knowingly allows a cost report to be prepared by a person who has been suspended under this section will be subject to having its provider agreement cancelled and will be subject to the applicable penalties of Rule 560-X-22-.28.Ala. Admin. Code r. 560-X-22-.29
Rule effective 10/1/1982. Amended effective 9/9/1988; October 1, 1990.Author: Susan Mims
Statutory Authority: State Plan; Title XIX, Social Security Act; 42 C.F.R. §§ 447.200 - .272, et seq.