Section 41.113. Content of provider position paper

(a) For each issue identified in its request for hearing or amended request for hearing, the provider’s position paper must state the relevant facts and present arguments setting forth the provider position.

(b) For each issue identified in its request for hearing or amended request for hearing, the provider shall include the following:

(1) A summary of the pertinent facts and circumstances.

(2) Citations to the relevant statutory provisions, regulations and other controlling authorities.

(3) The monetary amount in dispute only if the sum is certain in whole or in part as of the date the position paper is due. If the sum in dispute is not certain as of the date the position paper is due, the party is required to identify the regulation that is applicable to determining such sum and a supporting affidavit for the reason the sum could not be determined.

(4) An explanation showing how the monetary amount was computed.

(5) Other relief sought by the provider in connection with the issue.

(6) The name and business address of every witness whose testimony the provider will present.

(7) A copy of every document that the provider will offer into evidence to support its position with respect to the issue.

(8) This section supersedes 1 Pa. Code § § 35.164 and 35.165 (relating to documents on file with agency; and public documents).

Notation

Cross References

This section cited in 55 Pa. Code § 41.92 (relating to disposition procedure for certain appeals); 55 Pa. Code § 41.101 (relating to prehearing procedure in certain provider appeals); 55 Pa. Code § 41.114 (relating to content of program office position paper); and 55 Pa. Code § 41.122 (relating to supplementing disclosures and responses).