If an individual appeals TennCare’s initial determination that they are not eligible for TennCare nursing facility services:
- The hearing on any appeal of an initial determination that the individual is not financially eligible shall be conducted and a final order rendered within ninety (90) days from the date of the individual’s appeal; provided, however, that if the individual files a petition for reconsideration of an initial order or appeals an order, other than a final order, pertaining to an initial determination made by TennCare under this section prior to the expiration of the ninety-day period, the running of the ninety-day period shall be tolled pending the outcome of such petition for reconsideration or appeal; and
- The facility may be entitled to participate in any proceeding and hearing that appeals an initial determination that the individual is not financially or medically eligible through the filing of a motion to intervene in that proceeding under § 4-5-310. The administrative judge or hearing officer shall grant a facility’s motion to intervene in the appeal of a resident or former resident’s eligibility, absent a showing by one (1) or more parties to the appeal that the facility’s participation would cause that party to incur an undue burden or unnecessary expense.