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Pennsylvania Code (Last Updated: April 5, 2016) |
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Title 55. PUBLIC WELFARE |
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PART I. Department of Human Services |
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Subpart D. Hearings and Appeals |
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Chapter 41. Medical Assistance Provider Appeal Procedures |
Section 41.33. Appeals nunc pro tunc
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(a) The Bureau, upon written motion and for good cause shown, may grant leave to a provider to file a request for hearing nunc pro tunc under the common law standard applicable in analogous cases in courts of original jurisdiction.
(b) The Bureau, upon written motion and for good cause shown, may grant leave to a provider to file an amendment to a request for hearing nunc pro tunc under the common law standard applicable in analogous cases in courts of original jurisdiction.
(c) The Secretary, upon written motion and for good cause shown, may grant leave to a party to file a request for review of a Bureau determination by the Secretary nunc pro tunc under the common law standard applicable in analogous cases in courts of original jurisdiction.
(d) Subsections (a)—(c) supersede 1 Pa. Code § § 35.1, 35.2, 35.5—35.7 and 35.9—35.11 and, to the extent that they would otherwise apply to the time for filing appeals with the Bureau, § § 1187.1(d) and 6210.14(b) (relating to policy; and time extensions).
Notation
This section cited in 55 Pa. Code § 41.32 (relating to timeliness and perfection of requests for hearing); 55 Pa. Code § 41.82 (relating to amendments of requests for hearing); and 55 Pa. Code § 41.212 (relating to review of Bureau determinations).