Conn. Agencies Regs. § 17-311-120

Current through October 16, 2024
Section 17-311-120 - Aggrieved provider's choice of remedy to contest Sec. 17-311 (b) final administrative rate rehearing decision

As an alternative remedy to the arbitration process set forth in Sec. 17-311-107 to Sec. 17-311-119 supra, a provider aggrieved by a final decision of the commissioner pursuant to a rate rehearing conducted pursuant to the provisions of Sec. 17-311(b) as a contested case in accordance with the provisions of Sec. 4-177 et seq. of the Connecticut General Statutes may pursue its administrative appeal in the Connecticut Superior Court pursuant to the provisions of Sec. 4-183 Conn. Gen. Stat. The provider will not be required to pursue the arbitration process included herein as a remedy available within the agency for the purposes of exhaustion of administrative remedies but may proceed, subsequent to the final rate rehearing decision pursuant to Sec. 17-311(b) to the superior court. The filing of an administrative appeal without the pursuit of the arbitration process available herein shall not be the ground of objection to said administrative appeal by the department. When a provider elects to invoke this subsection and bring a Sec. 4-183 appeal of Sec. 17-311(b) rate rehearing final decision directly to the Connecticut superior court, the provider waives any right to simultaneously or subsequently initiate the aforesaid arbitration process to appeal said Sec. 17-311(b) rate rehearing final decision. Likewise, when the provider elects to initiate the aforesaid arbitration process to appeal a Sec. 17-311(b) rate rehearing final decision, the provider waives any right to simultaneously or subsequently bring a Sec. 4-183 appeal of said Sec. 17-311(b) rate rehearing final decision.

Conn. Agencies Regs. § 17-311-120

Effective June 2, 1986