Donna, a listener to Monitor Monday, brought to our attention a letter she received on behalf of her facility from Administrative Law Judge Leslie Holt, informing her that her facility's appeals would not be heard until the last quarter of 2014 or the first quarter of 2015. 

When asked about this situation, Andrew Wachler, principal of Wachler and Associates, reported that he was " troubled" by the letter and its implications.

Wacher, in a written statement to RACmonitor wrote that he was troubled in several respects: 

"First, why should the RACs be allowed to continue to withhold money when the hospital cannot obtain a timely hearing according to the rules. I believe it violates due process to take the provider’s money in May 2013 and not have the ability to provide a hearing until possibly the second quarter of 2015. CMS should either stop the audits until the hospitals can get a timely hearing or stop the withholding because CMS cannot provide a timely hearing."

For more on this developing story check out the June 20th edition of RACmonitor e-news. In the meantime, here's a copy of the letter that Donna received.

Have you received one? Please let me know.

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