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determination is made regarding the appropriateness of the suspension. (d) The department will notify the provider in writing of the department’s first-level appeal decision. (e) A provider who is not satisfied with the first-level appeal decision under (d) of this section may request a second-level appeal by submitting a written request to the commissioner no later than 30 days after the date of the first-level appeal decision. The request for second-level appeal must include

(1) a copy of the department’s first-level appeal decision;

(2) a description of the basis upon which the decision is being appealed;

(3) a copy of the first-level appeal submitted by the provider; and

(4) any additional supporting documentation that supports the basis upon which the provider is making the appeal. (f) The commissioner’s review of the original appeal record, decision, and any additional material submitted by the provider and the department constitutes the second-level appeal. A decision by the commissioner under this subsection is the final administrative decision of the department. The department will notify the provider of the provider’s right to appeal to the superior court under the Alaska Rules of Appellate Procedure. (Eff. 6/1/2011, Register 198; am 1/20/2013, Register 205; am 4/1/2017, Register 221) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 Editor’s note: The address for sending an appeal under 7 AAC 165.080 is State of Alaska, Department of Health, Commissioner’s Office, Attention: EHR Appeals, P.O. Box 110601, Juneau, AK 99811-0601. 7 AAC 165.900. Definitions. In this chapter,

(1) “CMS” means the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services;

(2) “hospital provider” means a hospital enrolled under 7 AAC 140.300 that is