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(2) be submitted to the commissioner no more than 30 days after the date of the letter transmitting the provider’s final audit report;
(3) contain a description of the finding or determination being appealed, a copy of the determination, and the basis upon which the final audit report is challenged; and
(4) include all information and materials, including any new information that the provider requests the commissioner to consider in resolving the appeal. (c) The department will refer an appeal received under this section to the Department of Administration, office of administrative hearings (AS 44.64.010). At the hearing under AS 44.64.060, the department must prove by a preponderance of the evidence to the administrative law judge that overpayments were properly identified and that the amount is correctly calculated. The commissioner will render a decision on an appeal after reviewing, under AS 04.64.060(e), the record and the proposed decision submitted under AS 44.64.060(d) by the administrative law judge. (d) The commissioner’s decision under this section is a final administrative decision. The department will notify the provider of the provider’s right to appeal the final administrative decision to the superior court under the Alaska Rules of Appellate Procedure. (Eff. 2/1/2010, Register 193; am 6/7/2018, Register 226) Statutory Authority: Authority: AS 47.05.010 AS 47.05.200 AS 47.07.040 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made a conforming technical revision under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to 7 AAC 160.130, to change “Department of Health and Social Services” to “Department of Health”. 7 AAC 160.140. Quality assurance program. (a) The department, through each division responsible for the administration of the Medicaid program, will establish a quality assurance program to ensure provider compliance with AS 47.05, AS 47.07, and 7 AAC 105 — 7 AAC 160. (b) Under the quality assurance program, the department will conduct program reviews of