DISCLOSURES AND DISCOVERY
§ 41.111. Disclosures.
(a) A party to a provider appeal commenced by a request for hearing shall, without awaiting a discovery request, disclose information to each other party as specified in this section.
(b) The program office will disclose the following:
(1) The name, title, business address and telephone number of each staff person directly involved in the agency action, and, if different, the name, title, business address and telephone number of the officials or staff designated to testify on its behalf regarding the agency action and the issues on which the designated individual will testify. In the case of an audit appeal, the program office will, at a minimum, identify every auditor involved in the audit and every audit supervisor and audit manager who reviewed the audit report.
(2) A copy of, or a description by category and location of, the documents, data compilations and tangible things, not privileged or protected from disclosure, that were relied upon in issuing the agency action, or that formed the basis for the agency action.
(c) The provider shall disclose the following:
(1) The name, title, business address and telephone number of each person who provided facts, opinions or other information that were relied upon in drafting the request for hearing or petition for supersedeas or that support or form the basis for, the allegations contained therein; and, if different, the name, title, business address and telephone number of the officials or staff designated to testify on its behalf regarding the agency action and the issues on which the designated person will testify.
(2) A copy of, or a description by category and location of, the documents, data compilations and tangible things, not privileged or protected from disclosure, that were relied upon in drafting the request for hearing or petition for supersedeas or that support or form the basis for, the allegations contained therein. In a case when a provider alleges in its request for hearing that its costs or its claim for payment is supported by documents, the provider shall disclose the supporting documents.
(d) The parties shall make their initial mandatory disclosures within 45 days of the date of the Bureau’s initial prehearing order, unless a different time is set by stipulation of the parties or by the prehearing order of the Bureau.
(e) A party shall make its initial disclosures based on the information in its possession or otherwise then reasonably available to it. A party will not be excused from making its disclosures because it has not fully completed its investigation of the case, because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.
(f) An opposing party is not obligated to respond to a discovery request made under § § 41.118—41.121 until the party that propounded the request has made its mandatory initial disclosures in compliance with this section.
Cross References This section cited in 55 Pa. Code § 41.92 (relating to expedited disposition procedure for certain appeals); 55 Pa. Code § 41.101 (relating to prehearing procedures in certain provider appeals); and 55 Pa. Code § 41.122 (relating to supplementing disclosures and responses).
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