§ 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.
(g) This section supersedes 1 Pa. Code § § 35.164 and 35.165 (relating to documents on file with agency; and public documents).
Cross References This section cited in 55 Pa. Code § 41.92 (relating to disposition procedure for certain appeals); 55 Pa. Code § 41.101 (relating to prehearing procedure in certain provider appeals); and 55 Pa. Code § 41.122 (relating to supplemention disclosure and responses).
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