§ 1187.173. Review and public process relating to bed requests.
(a) Groups. Except as specified in subsection (b), the Department will consider bed requests in two groups, as follows:
(1) Group one will consist of bed requests received January 1 through June 30. Subject to subsection (c), the Department will issue decisions on group one by the following December 31. If the Department receives public comments under subsection (d), the Department may extend the review process an additional 90 days.
(2) Group two will consist of bed requests received from July 1 through December 31. Subject to subsection (c), the Department will issue decisions on group two by the following June 30. If the Department receives public comments under subsection (d), the Department may extend the review process an additional 90 days.
(b) Bed transfer requests.
(1) The Department will consider bed transfer requests in the order in which they are received.
(2) Subject to subsection (c), the Department will issue decisions on bed transfer requests within 120 days after the expiration of the public comment period under subsection (d).
(c) Expedited review. If an applicant demonstrates to the satisfaction of the Department that good cause exists, the Department, within its sole discretion, may expedite its review and respond to a bed request before the target date, provided that the Department will not respond prior to the close of the applicable public comment period specified in subsection (d).
(d) Public process.
(1) Data book. The Department will compile and make available on the Department’s web site a workbook for each review period containing the following:
(i) Data relating to the availability and cost of MA nursing facility services Statewide and by county.
(ii) Data relating to the availability and cost of home and community-based services Statewide and by county.
(iii) Commonwealth and county demographic data.
(2) Publication of and public comment period for bed requests. Following the close of each 6-month request period, the Department will post on the Department’s web site a list of bed requests, other than bed transfer requests included in the group under consideration. The Department will make the requests in that group available for review by the public during regular business hours, and will accept written comments related to the requests in the group for a 30-day period following the date that the notice is posted online. Written comments received by the Department and the applicant’s responses to the public comments will be posted on the Department’s web site.
(i) The group one list will be posted on the Department’s web site on or before July 31.
(ii) The group two list will be posted on the Department’s web site on or before January 31.
(3) Publication of and public comment period for bed transfer requests. No later than 15 calendar days following the last day of each calendar month, a list of the bed transfer requests received by the Department during that calendar month will be posted on the Department’s web site. The Department will make the requests listed for that calendar month available for review by the public during regular business hours, and will accept written comments related to the requests for a 15-calendar-day period following the date that the list is posted online. Written comments received by the Department and the applicant’s responses to the public comments will be posted on the Department’s web site.
Cross References This section cited in 55 Pa. Code § 1187.174 (relating to information and data relevant to bed requests).
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