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satisfaction of the department;

(2) require full repayment of all or a portion of an incentive payment;

(3) terminate participation in the Alaska Medicaid electronic health record incentive program;

(4) terminate or suspend participation in the Medicaid program in this state. (e) Any action taken by the department under (d) of this section may be appealed by the provider under 7 AAC 165.080. (Eff. 6/1/2011, Register 198; am 1/20/2013, Register 205) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 7 AAC 165.080. Appeals. (a) A provider may appeal the department’s decision to do any of the following:

(1) deny participation in the Alaska Medicaid electronic health records incentive program under 7 AAC 165.030;

(2) suspend an incentive payment under 7 AAC 165.050;

(3) require repayment of all or a portion of an incentive payment under 7 AAC 165.050;

(4) terminate participation in the Alaska Medicaid electronic health record incentive program under 7 AAC 165.050;

(5) terminate or suspend participation in the Medicaid program in this state under 7 AAC 105.490. (b) To appeal a decision by the department a provider must submit a written request for a first-level appeal to the department no later than 30 days after the date of the department’s letter denying participation. The request for a first-level appeal must specify the basis upon which the department’s decision is challenged and include any supporting documentation. A first-level appeal will be conducted by the supervisor who oversees the health information technology program in the department. (c) Upon receipt of a request for a first-level appeal, if the department has suspended an incentive payment, the department may continue suspending the payment until a final