The vast majority of agency actions are done informally. For example, every
claim for payment for medical treatment rendered to a Medicare patient
requires agency action. There must be a determination that the care was
rendered by a provider entitled to payment, that the care was necessary and
proper, and the amount that should be reimbursed for the care. These must be
resolved in a more efficient way than an agency hearing, or the system cannot
function. Medicare does this by setting out specific objective criteria for
payment, many of which are set out in the Conditions of Participation, and they
contract with private companies to check claims against the criteria. Many of
the requirements are assumed to be met, such the requirements for medical
record keeping to support the claims. Although these are not checked on an
ongoing basis, they are subject to audit. If the auditor finds that there is not
appropriate documentation, then past claims can be disallowed and the
provider required to provide a full medical record with every claim.
Agencies may also use what are termed “grid” or “matrix” regulations, meaning
that there is set of criteria, often set out in the table—hence the name—for
eligibility for a particular government benefit, such as a disability claim. The
claims examiner just checks off the information in the application for benefits
to see if it meets the criteria. If the application is denied, the agency provides
an appeal process, which usually culminates in a hearing before an ALJ. This
gives the applicant the opportunity to provide additional information or to
argue that the grid regulations are inappropriate in the specific case.