Pennsylvania Code
Title 55 - HUMAN SERVICES
Part I - Department of Human Services
Subpart D - Hearings and Appeals
Chapter 41 - MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES
SUPERSEDEAS
Section 41.53 - Circumstances affecting grant or denial

Universal Citation: 55 PA Code ยง 41.53

Current through Register Vol. 54, No. 44, November 2, 2024

(a) The Bureau, in granting or denying a supersedeas, will be guided by relevant judicial precedent. Factors to be considered include the following:

(1) Irreparable harm to the provider.

(2) The likelihood of the provider prevailing on the merits.

(3) The likelihood of injury to the public or other parties.

(b) A supersedeas will not be issued if injury to the public health, safety or welfare exists or is threatened during the period when the supersedeas would be in effect. If State law or Federal law or regulation requires that an action take effect prior to the final determination of an appeal, injury to the public health, safety or welfare shall be deemed to exist.

(c) In granting a supersedeas, the Bureau may impose conditions that are warranted by the circumstances, including the filing of a bond or the posting or provision of other security.

This section cited in 55 Pa. Code § 41.51 (relating to general).

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