Section 41.5. Jurisdiction of the Bureau

(a) Except as provided in subsections (b)—(d), the Bureau has exclusive original jurisdiction over provider appeals.

(b) The Bureau has no jurisdiction to make a final determination on a waiver request included in a request for hearing. The Bureau will create a record and make a recommendation to the Secretary regarding the waiver request as specified in § 41.191(b) (relating to determinations and recommendations by the Bureau).

(c) The Bureau has no jurisdiction to issue a final determination on the merits of an issue properly raised in a petition for relief.

(d) The Bureau’s jurisdiction in provider appeals is subject to § § 41.211 and 41.212 (relating to reconsideration of interlocutory orders; and review of Bureau determinations).

(e) The Bureau has no jurisdiction in a provider appeal involving an agency action if Federal law or Federal regulations require the aggrieved provider to use Federal appeal procedures in order to contest the agency action.

(f) Subsections (a)—(e) supersede 1 Pa. Code § 35.103 (relating to preliminary notice to Department of Justice).