Current through Register Vol. 54, No. 49, December 7, 2024
Section 151.5 - Issuance of certificates of authority(a) If the Commissioner determines that all of the statutory and regulatory requirements for the issuance of a certificate of authority have been met, a certificate of authority shall be issued within the time prescribed by section 4(c) of the act (40 P. S. § 3204(c)), or an extension thereof under section 4(d) of the act (40 P. S. § 3204(d)).(b) The certificate of authority shall certify that the provider named therein has complied with the act, and authorize and empower the provider to transact the business of continuing care in compliance with the statutes of the Commonwealth and this title.(c) If the Commissioner determines that the statutory or regulatory requirements have not been met, an order rejecting the application for a certificate of authority will be issued under section 4(d) of the act (40 P. S. § 3204(d)). Orders denying an application for a certificate of authority shall not become final and appealable until after an administrative hearing conforming to 2 Pa.C.S. §§ 501-508 (relating to practice and procedure of Commonwealth agencies) has been held. Final orders entered after a hearing upon an applicant's petition for reconsideration of the denial shall be adjudications within the meaning of 2 Pa.C.S. § 101 (relating to definitions).(d) If the Commissioner determines that the issuance of a temporary certificate of authority is authorized under section 4(e) of the act (40 P. S. § 3204(e)), a temporary certificate of authority will be issued authorizing and empowering the provider to transact the business of continuing care in compliance with the statutes of the Commonwealth and this title for a stated period of time, which shall not exceed 2 years from the date of issuance of the temporary certificate of authority.(e) Upon petition of a provider, if the Commission determines that an extension of a temporary certificate of authority is authorized under section 4(f) of the act (40 P. S. § 3204(f)), an extended temporary certificate of authority shall be issued authorizing and empowering the provider to transact the business of continuing care in compliance with the statutes of the Commonwealth and this title for a stated period of time, which shall not exceed 3 years from the date of issuance of the extended temporary certificate of authority.The provisions of this § 151.5 adopted March 15, 1985, effective 3/16/1985, 15 Pa.B. 1051.