STATEMENTS OF POLICY
Title 55—HUMAN SERVICES
DEPARTMENT OF HUMAN SERVICES
[ 55 PA. CODE CH. 41 ]
Clarification of the Term ''Mailing'' Related to Agency Actions
[50 Pa.B. 1695]
[Saturday, March 21, 2020]This statement of policy applies to all providers enrolled in the Medical Assistance (MA) Program.
Purpose
The purpose of this statement of policy is to clarify the term ''mailing'' related to agency actions subject to the Department of Human Services (Department) regulations at 55 Pa. Code §§ 41.21(a)(1) and 41.32(a) (relating to notice of agency actions; and timeliness and perfection of requests for hearing).
Background/Discussion
The Department has received requests from MA providers to issue notice of agency actions electronically. MA regulations at 55 Pa. Code § 41.21(a) state that in the absence of a Department regulation that specifies the method in which the agency can provide notice of an action, the Department or program office may send notice by mail to the provider's most recent business address on file. MA regulations at 55 Pa. Code § 41.32(a) specify the timeframe for filing an appeal if notice of action is given by mail and by means other than mail. When these regulations were published, the term ''mail'' referred to United States mail service.
The Department intends to implement a new Medicaid Management Information System (MMIS) platform in October 2020. The new MMIS platform will allow providers to retrieve notices of agency action through the provider portal. It will also enable the Department to alert providers electronically that information has been added to their provider portal.
The Department is issuing this statement of policy to clarify the term ''mailing'' at 55 Pa. Code §§ 41.21(a)(1) and 41.32(a). For purposes of 55 Pa. Code §§ 41.21(a)(1) and 41.32(a), the term ''mailing'' means to deliver by United States or commercial mail service or transmit through electronic communication. This statement of policy does not supersede any existing law or regulation.
Effective Date
This statement of policy is effective immediately upon publication in the Pennsylvania Bulletin.
Contact Person
Questions or comments regarding this statement of policy should be directed to the Regulations Coordinator, Office of Medical Assistance Programs, Bureau of Policy, Analysis and Planning at (717) 772-6341.
TERESA D. MILLER,
Secretary(Editor's Note: Title 55 of the Pennsylvania Code is amended by adding statements of policy in §§ 41.21a and 41.32a to read as set forth in Annex A.)
Fiscal Note: 14-BUL-108. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 55. HUMAN SERVICES
PART I. DEPARTMENT OF HUMAN SERVICES
Subpart D. HEARINGS AND APPEALS
CHAPTER 41. MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES
SERVICE AND AMENDMENT OF DOCUMENTS § 41.21a. Clarification regarding the definition of ''mailing''—statement of policy.
(a) The term ''mailing'' in § 41.21(a)(1) (relating to notice of agency actions) means to deliver by United States or commercial mail service or transmit through electronic communication.
REQUESTS FOR HEARING, PETITIONS FOR RELIEF AND OTHER PRELIMINARY MATTERS § 41.32a. Clarification regarding the definition of ''mailing''—statement of policy.
(a) The term ''mailing'' in § 41.32(a)(1) and (2) (relating to timeliness and perfection of requests for hearing) means to deliver by United States or commercial mail service or transmit through electronic communication.
[Pa.B. Doc. No. 20-411. Filed for public inspection March 20, 2020, 9:00 a.m.]
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