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economically managed facility, and that the granting of an exception is in the public interest. In determining whether the exception is in the public interest, the deputy commissioner may consider at least

(1) the necessity of the rate increase to allow reasonable access to quality care provided by an efficiently and economically managed facility, including any findings of the governing body of the facility to support the need;

(2) the assessment of continued need for the facility’s services in the community;

(3) whether the facility has taken effective steps to respond to the crisis and has adopted effective management strategies to alleviate or avoid the future need for exceptional relief;

(4) whether Medicaid patients will lose access to Medicaid services available to the general public in the same geographic area if exceptional relief is not granted;

(5) the availability of other resources available to the facility to respond to the crisis;

(6) whether the relief from an exception should have been obtained under the existing rate methodology; and

(7) other factors relevant to assess reasonable access to quality patient care provided by an efficiently and economically managed facility. (f) The deputy commissioner may impose conditions on the receipt of exceptional relief. Those conditions may include one or more of the following:

(1) the facility sharing the cost of the prospective payment rate exception granted;

(2) the facility taking effective steps in the future to alleviate the need for future requests for exceptional relief;

(3) the facility providing documentation as specified by the deputy commissioner of the continued need for the exception;

(4) a maximum amount of exceptional relief to be granted to this facility under this section. (g) If the deputy commissioner grants exceptional relief under this section, any amount granted may not be included as part of the base on which future prospective payment rates are determined. (h) Exceptional relief granted under this section is effective prospectively from the date of the exceptional relief decision, and for a period not to extend beyond the end of the facility’s rate-setting year. A facility may apply for exceptional relief in the following year by submitting a new application under (a) of this section. (i) Notwithstanding 7 AAC 150.220, a party aggrieved by a decision of the deputy commissioner concerning exceptional relief may, not later than 30 days after the date of mailing of the decision to that party or the date of providing that party the decision by electronic mail,