(a) Unless the long-term care facility chooses another order of presentation of arguments:(1) (A) The Department of Human Services shall present the initial arguments at the hearing.(B) Initial arguments shall be detailed and not limited to a recitation of the statement of deficiencies; and(2) After the department completes its arguments, the long-term care facility shall present its arguments.
(1) (A) The Department of Human Services shall present the initial arguments at the hearing.(B) Initial arguments shall be detailed and not limited to a recitation of the statement of deficiencies; and
(A) The Department of Human Services shall present the initial arguments at the hearing.
(B) Initial arguments shall be detailed and not limited to a recitation of the statement of deficiencies; and
(2) After the department completes its arguments, the long-term care facility shall present its arguments.
(b) (1) As a matter of fairness to all parties, the impartial decision maker shall determine in conjunction with all parties:(A) The appropriate time needed for each presentation of information and argument; and(B) The sequence and appropriate time for each rebuttal argument.(2) However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker in conjunction with all parties.
(1) As a matter of fairness to all parties, the impartial decision maker shall determine in conjunction with all parties:(A) The appropriate time needed for each presentation of information and argument; and(B) The sequence and appropriate time for each rebuttal argument.
(A) The appropriate time needed for each presentation of information and argument; and
(B) The sequence and appropriate time for each rebuttal argument.
(2) However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker in conjunction with all parties.
(c) (1) Rules of evidence or procedure shall not apply except as provided in this section.(2) The impartial decision maker may:(A) Accept any information that the impartial decision maker deems material to the issue being presented; and(B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.
(1) Rules of evidence or procedure shall not apply except as provided in this section.
(2) The impartial decision maker may:(A) Accept any information that the impartial decision maker deems material to the issue being presented; and(B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.
(A) Accept any information that the impartial decision maker deems material to the issue being presented; and
(B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.
(d) (1) The hearing may be recorded.(2) In addition, the impartial decision maker may make written or recorded notes of the arguments.
(1) The hearing may be recorded.
(2) In addition, the impartial decision maker may make written or recorded notes of the arguments.
(e) Employees of the long-term care facility, attending physicians, other medical care providers of residents of the long-term care facility at the time of the deficiency, pharmacists providing medications to residents of the long-term care facility at the time of the deficiency, any consultant utilized by the long-term care facility, and the medical director of the long-term care facility may appear or participate at the hearing for or on the behalf of the long-term care facility.
(f) Only employees of the department may appear or participate at the hearing for or on behalf of the department.
(g) A party may be represented by an attorney.
(h) A person authorized under subsections (e)-(g) of this section to participate in the hearing may present direct questions to an opposing participant during the rebuttal argument.