55 Pa. Code § 41.114 - Content of program office position paper
(a) For each issue identified in the
provider's position paper, the program office's position paper will state
whether it accepts or disputes the provider's statements regarding the
following:
(1) Summary of the pertinent facts
and circumstances.
(2) Citations to
the relevant statutory provisions, regulations and other controlling
authorities.
(3) Computation of the
monetary amount in dispute.
(b) If the program office disputes the facts,
citations or monetary amount, it will provide a counterstatement of the items
in dispute if the information has not already been published in the
Pennsylvania Bulletin.
(c) The program office's position paper will
identify those additional issues not addressed by the provider that it believes
should be determined by the Bureau.
(d) For each disputed issue, the program
office will include a summary of the pertinent facts, circumstances and
citations to the relevant statutory provisions, regulations and other
controlling authorities.
(e) The
program office will provide the name and business address of every witness
whose testimony it will present and a copy of every document that it will offer
into evidence to support its position on each issue identified in its position
paper.
(f) On those occasions when
the Department bears the burden of proof under §
41.153(b)
(relating to burden of proof and production), the program office will file an
initial position paper. That position paper will conform to §
41.113 (relating to content of
provider position paper), except §
41.113(b)(3)-(5).
If the program office fails to timely file its initial position paper and
required documentation with the Bureau, the Bureau will affirm the provider's
appeal as to those issues on which the program office bears the burden of
proof, unless the program office shows good cause for its noncompliance. Once
that program office's initial position paper has been filed, the provider shall
file its position paper, which shall address all issues raised in the
provider's request for hearing, including those on which it bears the burden of
proof. Thereafter, the program office will file another position paper, which
will address any issues on which the provider bears the burden of proof. The
deadlines for filing these position papers will be set by order of the
Bureau.
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