Section 51.43. Department rates and HCBS classification

(a) An HCBS will be paid as one of the following under § § 51.53, 51.62, 51.72 and 51.131:

(1) MA fee schedule service.

(2) Vendor good and services.

(3) Cost-based service.

(4) Department-established fee.

(b) The Department will reimburse providers of vendor goods and services in accordance with § 51.62 (relating to vendor goods and services reimbursement).

(c) The Department may establish a fee per unit of HCBS as a Department-established fee by publishing a notice in the Pennsylvania Bulletin.

(d) The Department-established fees are the maximum amount the Department will pay.

(e) A provider may not negotiate a fee or rate with another ODP-funded entity when there is a Department-established fee or rate for the same HCBS at the waiver HCBS location.