1615 Medical Care Availability and Reduction of Error Fund administrative hearings process; notice no. 2002-08  

  • Medical Care Availability and Reduction of Error Fund Administrative Hearings Process; Notice No. 2002-08

    [32 Pa.B. 4553]

       Effective October 1, 2002, the Medical Care Availability and Reduction of Error (MCARE) Act (40 P. S. §§ 1303.101--1303.5108) establishes the Medical Care Availability and Reduction of Error Fund (MCare Fund) as a special fund within the State Treasury. The MCare Fund will be administered by the Insurance Department (Department). Timely appeals of written determinations made by the MCare Fund will be subject to the formal administrative hearings process of the Department. Appeals shall be governed by 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and 31 Pa. Code §§ 56.1--56.3 (relating to Special Rules of Administrative Practice and Procedure).

       An aggrieved party that disputes a written determination by the MCare Fund may request, in writing, a formal administrative hearing before the Insurance Commissioner. The written determination by the MCare Fund shall advise how to timely request a hearing before the Insurance Commissioner.

    M. DIANE KOKEN,   
    Insurance Commissioner

    [Pa.B. Doc. No. 02-1615. Filed for public inspection September 13, 2002, 9:00 a.m.]

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