§ 1101.70. [Reserved].
The provisions of this § 1101.70 reserved August 5, 2005, effective August 10, 2005, 35 Pa.B. 4309. Immediately preceding text appears at serial page (262038).
Notes of Decisions
Federal law no longer requires a 60-day period between proposal notice and the effective date of the rate change. Rite Aid of Pennsylvania, Inc. v. Houston, 171 F.3d 842 (3d Cir. 1999).
The Department of Public Welfares procedure in issuing public notice satisfied the Federal public notice requirements at 42 CFR 447.205, even though the notice was not issued 60 days before the pharmacy reimbursement rates went into effect. There has not been a Federally required 60-day comment period for this type of proposed rate change since 1981. See 46 FR 58677 (December 3, 1981). Rite Aid of Pennsylvania, Inc. v. Houstoun, 998 F. Supp. 522 (E. D. Pa. 1997), revd on other grounds, 171 F.3d 842 (3rd Cir. 1999).
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