§ 301.84. Exceptions.
(a) The Department may, for good cause and only if financial viability of the HMO or the welfare of a citizen would not be impaired, grant exceptions to this chapter when the policy objectives and intentions of this chapter are otherwise substantially met.
(b) A request for exceptions to this chapter shall be made in writing to the Department. A request, whether approved or not, will be retained on file by the Department. An approved request shall be retained on file by the corporation during the period the exception remains in effect.
(c) An exception granted under this chapter may be revoked by the Department for good cause whenever the policy objectives and reasons for granting the exception will no longer be furthered.
(d) The Department will give written notice by certified mail, return receipt requested, revoking an exception and will state the reason for its action and a specific date upon which the exception will be terminated.
(e) The Department will provide for a reasonable time between the date of written notice of revocation and the date of termination of an exception for the HMO from compliance with this chapter.
(f) Failure of the HMO to comply by the specified date may result in action to revoke the previously approved certificate of authority.
(g) The Department’s denial or revocation of an exception is a final agency action and is appealable under 2 Pa.C.S. § § 701—704 (relating to judicial review of Commonwealth agency action).
Source The provisions of this § 301.84 adopted February 20, 1987, effective February 21, 1987, 17 Pa.B. 807.
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