Community Class: Know Your Rights - February 2024 Update

There are multiple pathways for appealing a rejection, and we don’t know yet which work.
We do know you must start by getting the denial in writing. You might succeed simply by challenging your Fiscal Intermediary (FI), as described on the next page. And you will never succeed if you stay silent.

Start here
How to respond to your Fiscal Intermediary when a Community Class is rejected. Includes a sample email message. With luck, this could be all you need to do. Your Fiscal Intermediary might approve the class upon re-consideration.

Appealing the rejection of a previously approved class
When a class was approved but is now being rejected, the regulations give you additional rights-- if you assert them. Start the assertion in every communication, starting with that first letter to your Fiscal Intermediary.

Multiple Escalation Paths
If your Fiscal Intermediary stands firm on their rejection, then you have three ways to appeal that decision. Only the first two are realistic options. The steps to take in each case are detailed in the down-loadable document.

  • Choice A: Continue with the 633.12 process

  • Choice B: Fair Hearing

  • Choice C: Article 78 Hearing

Please go to the Fair Hearing webpage at C4SD for additional detailed information.

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January 2024 Update - Olmstead Briefing by Roger Bearden