Reconsideration

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  • (a) An individual determined not eligible to participate in the Program under section 43, subsection (b) of this chapter may, within ten (10) days from the date of receipt of the written determination, file a petition with the Commissioner to reconsider the determination of ineligibility and the reasons therefor. The Commissioner shall, within twenty (20) days from the date of receipt of a petition for reconsideration, either affirm or reverse the earlier determination of ineligibility and notify the petitioning individual in writing of such action.

  • (b) A pharmacy may petition the Commissioner in writing to reconsider the amount of any reimbursement; provided, that such petition for reconsideration must be submitted within ten (10) days from the date the pharmacy receives the written notice of determination under section 45, subsection (c) of this chapter; provided further, that the petition must specify the basis for reconsideration. The Commissioner shall, within twenty (20) days from the date of receipt of the petition for reconsideration, either affirm or modify the earlier determination of the amount of the reimbursement and notify the petitioning pharmacy in writing of such action; provided, that in all cases where the Commissioner modifies the amount of the reimbursement, he shall send written notification to the Commissioner of Finance of such modification within five (5) days from the date of the modification.


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