§ 63-1-1914.15. Alternative informal dispute resolution - Determinations - State survey agency determination - Amended statement of deficiencies.

A.  1.  Upon the conclusion of all arguments by the parties at the alternative informal dispute resolution, the impartial decision-making panel shall issue a written statement of findings that shall be entitled “Determinations”.

2.  The determinations shall include:

a.a recitation of the deficiency identification numbers,

b.a statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies, and

c.the facts and persuasive arguments that support the finding of the impartial decision-making panel for each deficiency identification number.

B.  1.  The determination of the impartial decision-making panel shall be provided to all parties.

2.  The State Department of Health shall review the determination and shall issue a written document entitled “State Survey Agency Determination”.

C.  A state survey agency determination is not subject to appeal, reargument, or reconsideration.

D.  The Department shall deliver a copy of the state survey agency determination to the facility and to the impartial decision-making panel.

E.  1.  In accordance with the state survey agency determination, the Department shall issue an amended state of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.

2.  If the Department determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.

F.  The amended statement of deficiencies shall be provided to the facility.

Added by Laws 2007, c. 347, § 7, eff. Nov. 1, 2007.