Reconsideration and Appeal

Reconsideration and Appeal of Adverse Decisions (89-01-A)

1. Reconsideration

   1. The decision by the Focused Task Force on Accreditation to deny or withdraw accreditation or to place or to continue an institution* on probation, hereinafter referred to as an Aadverse accreditation decision, shall be transmitted to the institution in a notification letter, which shall include the basis for the decision and inform the institution of the right to request reconsideration. A written ARequest for Reconsideration shall automatically stay the adverse accreditation decision until the reconsideration is completed. The accreditation status of the institution during the process of reconsideration, shall remain as it was prior to the adverse accreditation decision.

      *For purposes of these procedures, the term Ainstitution shall be used generically to refer to any of the variety of institutions, organizations, or associations which seek accreditation by the OSMA.

   2. A written request for reconsideration shall be submitted to the chair of the Focused Task Force on Accreditation by an institution within thirty (30) days, following mailing of the notification letter to the institution and shall specify reasons for requesting the reconsideration. Letters should be sent certified mail, return receipt requested to: Chair, OSMA Focused Task Force on Accreditation, 3401 Mill Run Drive, Hilliard, Ohio 43026.
   3. The information, upon which the reconsideration is based must be that which pertained to the institution at the time of the survey visit and the initial consideration of the application by the Focused Task Force on Accreditation. New information based on data subsequent to the survey team visit and the initial review, and information representing changes in the program following an adverse decision, will not be considered by the Focused Task Force on Accreditation.
   4. The Focused Task Force on Accreditation shall complete the reconsideration no later than 120 days after it receives the request for reconsideration. Following the Focused Task Force on Accreditation meeting at which the reconsideration occurs, the institution will be promptly notified of the Focused Task Force on Accreditation's decision and its right to appeal an adverse decision.

2. Appeals Hearing

   1. If, following the reconsideration, the Focused Task Force on Accreditation sustains its initial action, the institution may request a hearing before an Appeal Board. If a written "Request for Appeal" is not received by the chair of the Focused Task Force on Accreditation within thirty (30) days following the date of mailing of the notification of the adverse accreditation decision of the Focused Task Force on Accreditation will be final. The request for a hearing shall include a statement of reasons of appealing the decision of the Focused Task Force on Accreditation.

      Appeals may be based only on the grounds that the Focused Task Force on Accreditation=s decision was (1) arbitrary, capricious or otherwise not in accordance with the accreditation standards and procedures of the Focused Task Force on Accreditation, or (2) not supported by substantial evidence. Letters should be sent certified mail, return receipt requested to: Chair, OSMA Focused Task Force on Accreditation, 3401 Mill Run Drive, Hilliard, Ohio 43026.

   2. The Appeal Board shall be comprised of three members, to be appointed by the Chair of the Focused Task Force on Accreditation according to the following procedures:

      A list of seven individuals (excluding current members of the Focused Task Force on Accreditation and members of the survey team of the survey in question) qualified and willing to serve as members of the Appeal Board shall be prepared under the direction of the Focused Task Force on Accreditation. Within twenty (20) days of receiving the notification of appeal, the list shall be sent by certified mail to the institution making the appeal. The institution shall select three individuals from the list to make up the Appeal Board and shall notify the Chair of the Focused Task Force on Accreditation of its selection within ten (10) days of its receipt of the list. If no notification is received by the Chair, the President of the Ohio State Medical Association, or his/her designee, shall then select three individuals from the list, who shall constitute the Appeal Board, and notify the institution of the persons selected.

   3. Hearings, requested in conformity with these procedures, will take place no later than sixty (60) days following the appointment of the Appeal Board.

      At least forty-five (45) days prior to the hearing, the applicant shall be notified of the time and place of the hearing. The appellant has the right to request and obtain the information in the appellant's application file on which the Focused Task Force on Accreditation actions were taken. Any additional information supplied by the appellant must be for purposes of clarification only and cannot describe new components of the institution/organization or changes made subsequent to the initial action (as described under I.c. above). Written statements may be submitted to the Appeal Board at the hearing or up to two (2) weeks following the hearing provided that formal request to submit such statements is made to the Appeal Board at the time of the hearing.

   4. At any hearing before the Appeal Board, the representatives of the applicant may be accompanied by counsel, make oral presentations, offer testimony, and request that representative(s) of the Focused Task Force on Accreditation appear as witnesses to present testimony. The appellant, at least thirty (30) days prior to any such hearing shall request in writing the presence of such representative(s) whom it wishes to examine at the hearing.
   5. The Focused Task Force on Accreditation may appoint representatives to attend the hearing and may examine appellant's representatives.
   6. The record of survey and of review, together with formal presentations at the hearing, the transcript of proceedings of the hearing, and statements submitted under the provisions outlined above, shall be the basis for the findings of the Appeal Board.
   7. Within thirty (30) days of the hearing, or the receipt of written statements, whichever is later, the Appeal Board shall submit a recommendation on the accreditation status of the appellant for consideration by the Focused Task Force on Accreditation to the OSMA Council at its first meeting following receipt of the report of the Appeal Board. The resulting subsequent decision by the OSMA Council as to the accreditation status of the program shall be final.
   8. Expenses of the Appeal Board shall be equally shared by the appellant and the OSMA. The expenses of witnesses, requested by the appellant, will be the responsibility of the appellant. The expenses of the representatives of the Focused Task Force on Accreditation, will be borne by the OSMA.
   9. Decisions of Administrative probation and/or non-accreditation are not subject to the Reconsideration and Appeals Process of the OSMA.

(ACCME 82-A-04 & 94-A-02 & CRR Criterion 2.1-2.10, 02-B-22)