Indiana § 31-27-7-5 - Base rate review; request by child services provider; determination by department of child services; ultimate authority

§ 31-27-7-5. Base rate review; request by child services provider; determination by department of child services; ultimate authority

Sec. 5. (a) A child services provider may request a review of the base rates approved by the department if the child services provider believes that an error or omission was made in the:

(1) cost report that the child services provider submitted to the department;

(2) department's calculation of the base rate; or

(3) department's determination of the reasonableness of a cost.

(b) A request for review under subsection (a) must be:

(1) submitted in writing to the department; and

(2) received by the department not more than thirty (30) days after the date on which the department mailed a rate letter to the child services provider.

Compliance with subdivision (2) is determined in the same manner by which compliance with the requirements for actions related to administrative proceedings is determined under IC 4-21.5-3-1 and IC 4-21.5-3-2.

(c) A child services provider making a request for review under subsection (a) shall submit the request for review in the form and manner specified by the department, including:

(1) identification of the current base rate and approved new base rate, as applicable to a specific program or service offered by the child services provider;

(2) an itemized statement of administrative and indirect costs that the child services provider considers allowable under this chapter;

(3) a clear, concise statement of the reasons for the requested change; and

(4) a detailed statement supporting the requested change.

The department shall not accept or process an incomplete request for review.

(d) If a child services provider that submits a request for review under this chapter has a current license that is subject to current revocation proceedings, the department shall not act upon the request for review.

(e) Not more than thirty (30) days after the date on which the department receives a request for review submitted under this chapter, the department shall conduct a review and:

(1) provide written notice and an explanation of the department's decision to the child services provider; and

(2) publish the notice and explanation of the department's decision on the department's website.

(f) The department shall provide to the commission on improving the status of children the same notice and explanation of the department's decision provided to the child services provider under subsection (e), and the commission shall publish the notice on the commission's website.

(g) The explanation of the department's decision under subsection (e) must include a detailed explanation of the following:

(1) The specific portion of the disputed cost that is being approved or denied for reimbursement.

(2) Why the disputed cost being denied is unreasonable.

(3) The information the department used to make its determination.

(h) The department is the ultimate authority of the review of a decision under this section.

As added by P.L.173-2022, SEC.4. Amended by P.L.92-2025, SEC.75.