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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

Pennsylvania Code



1189.141.    County nursing facility’s right to appeal and to a hearing.

§ 1189.141. County nursing facility’s right to appeal and to a hearing.

 (a)  A county nursing facility has a right to appeal and have a hearing if the county nursing facility does not agree with the Department’s decision regarding:

   (1)  The Department’s denial, nonrenewal or termination of the county nursing facility’s MA provider agreement.

   (2)  The Department’s imposition of sanctions or fines on the county nursing facility under Chapter 1187, Subchapter I (relating to enforcement of compliance for nursing facilities with deficiencies).

   (3)  The per diem rate established by the Department.

   (4)  Other written orders or decisions of the Department that cause the county nursing facility to be aggrieved for purposes of 67 Pa.C.S. Chapter 11 (relating to Medical Assistance hearings and appeals).

 (b)  A county nursing facility appeal is subject to §  1101.84 (relating to provider right of appeal).

 (c)  If a county nursing facility wishes to contest any of the decisions listed in subsection (a)(1)—(4), it shall file a request for hearing within the time limits set forth in 67 Pa.C.S. Chapter 11.

 (d)  A county nursing facility’s appeal is subject to the requirements in 67 Pa.C.S. Chapter 11 and the Standing Practice Order of the Bureau of Hearings and Appeals (33 Pa.B. 3053 (June 28, 2003)), or in any regulations that supersede the Standing Practice Order.

Cross References

   This section cited in 55 Pa. Code §  1189.107 (relating to adjustments relating to errors and corrections of county nursing facility payments).

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