AGENCY ACTION


§ 41.191. Determinations and recommendations by the Bureau.

 (a)  The Bureau will conduct a de novo review of the factual and legal issues that are timely raised and properly preserved in a provider appeal. Except as provided in subsection (b), the Bureau will issue a determination adjudicating the contested issues of law and fact within its jurisdiction, and issue an appropriate order, decree or decision.

 (b)  If a request for hearing includes a waiver request, the Bureau will make a written recommendation for consideration by the Secretary proposing that the waiver be either granted or denied and stating the Bureau’s reasoning in support of its position. If the request for hearing raises factual and legal issues in addition to the waiver request, the Bureau will issue its written recommendation together with its final determination adjudicating the remaining factual and legal issues, as specified in subsection (c). If the request for hearing does not raise other issues, the Bureau’s written recommendation on the waiver request will be issued within the time limits and served on the parties as specified in subsection (c).

 (c)  The Bureau will issue a determination in a provider appeal within 30 days of the filing of the posthearing briefs, or, if the parties waive the filing of posthearing briefs, within 30 days of the close of the record or receipt of the transcript, whichever is later. The Bureau will serve a copy of its determination on the parties to the proceeding or their representatives.

 (d)  A party aggrieved by a determination of the Bureau may request the Secretary to review the determination under §  41.212 (relating to review of Bureau determinations). For purposes of this section, a program office will be deemed to be aggrieved if the Bureau determination does one or more of the following:

   (1)  Sustains the provider’s appeal in whole or in part.

   (2)  Interprets a statute, regulation, statement of policy or bulletin applied by the program office in a manner inconsistent with the interpretation of that office.

   (3)  Alters a policy of the program office or purports to impose a new or different rule or policy on the program office.

 (e)  The Secretary will review written recommendations of the Bureau issued under subsection (b) or (c) under §  41.213 (relating to review of bureau recommendations).

 (f)  Subsections (a)—(e) supersede 1 Pa. Code § §  35.201—35.207, 35.211—35.214 and 35.221.

Cross References

   This section cited in 55 Pa. Code §  41.5 (relating to jurisdiction of the Bureau); and 55 Pa. Code §  41.213 (relating to review of Bureau recommendations).



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