Current through Register Vol. 54, No. 49, December 7, 2024
Section 41.5 - Jurisdiction of the Bureau(a) Except as provided in subsections (b)-(d), the Bureau has exclusive original jurisdiction over provider appeals.(b) The Bureau has no jurisdiction to make a final determination on a waiver request included in a request for hearing. The Bureau will create a record and make a recommendation to the Secretary regarding the waiver request as specified in § 41.191(b) (relating to determinations and recommendations by the Bureau).(c) The Bureau has no jurisdiction to issue a final determination on the merits of an issue properly raised in a petition for relief.(d) The Bureau's jurisdiction in provider appeals is subject to §§ 41.211 and 41.212 (relating to reconsideration of interlocutory orders; and review of Bureau determinations).(e) The Bureau has no jurisdiction in a provider appeal involving an agency action if Federal law or Federal regulations require the aggrieved provider to use Federal appeal procedures in order to contest the agency action.(f) Subsections (a)-(e) supersede 1 Pa. Code §35.103 (relating to preliminary notice to Department of Justice).