Section 41.213. Review of Bureau recommendations

(a) The Secretary will review and issue a final order adopting, rejecting or modifying a recommendation of the Bureau issued under § 41.191(b) (relating to determinations and recommendations by the Bureau).

(b) A party to the provider appeal in which the Bureau’s recommendation was issued may file a brief with the Secretary setting forth its position regarding the recommendation at the same time the party requests review of the Bureau’s related determination under § 41.212 (relating to review of Bureau determinations) or, if the party is not seeking review of the Bureau’s determination, within 30 days of the date of the mailing date of the Bureau recommendation.

(c) A brief supporting or opposing the Bureau’s recommendation must state concisely the reasons for the party’s position on the recommendation, set forth proposed findings of fact and conclusions of law for consideration by the Secretary and specify what relief should be granted or denied by the Secretary. The brief may not exceed 25 pages.

(d) The Secretary’s final order regarding a recommendation issued under § 41.191(b) will be issued in accordance with the following:

(1) If review is granted under § 41.212, the date on which the Secretary issues a final order.

(2) If review is not granted under § 41.212, 180 days from the date of receipt of the written recommendation.

(e) If the Secretary does not issue a final order regarding a recommendation issued under § 41.191(b) within the time frames specified in subsection (d), the recommendation of the Bureau will be deemed adopted by, and the final order of, the Secretary effective the date it is deemed adopted.

Notation

Cross References

This section cited in 55 Pa. Code § 41.191 (relating to determinations and recommendations by the Bureau); and 55 Pa. Code § 41.214 (relating to appeals).