CONSOLIDATION, AMENDMENT AND
WITHDRAWAL OF APPEALS
§ 41.81. Consolidation of provider appeals.
(a) Each provider that wishes to appeal an agency action shall file an individual request for hearing in its own name, without joining another provider.
(b) The Bureau, on timely motion, may order that a provider appeal be consolidated with one or more other provider appeals if the Bureau determines that the provider appeals in question involve substantially similar or materially related issues of law or fact and that consolidation is otherwise appropriate.
(c) Consolidation is appropriate if it will not prejudice the ability of the nonmoving party to perform adequate discovery or to adequately present its claim or defense, and if it will not unduly delay the adjudication of the earlier-filed matter.
(d) A provider appeal will not be consolidated except upon motion filed by one or more parties.
(e) In addition to the general requirements for motions in § § 41.131—41.136 (relating to motions), a motion for consolidation must include the following:
(1) Identification of the issues of law raised in each provider appeal and the extent to which each is shared or distinct.
(2) Identification of the material facts that serve as a basis for each appeal and the extent to which each of these facts is shared or distinct.
(3) Justification or advantages to support consolidation.
(f) In addition to the general requirements for answers to motions in § 41.72 (relating to answers to petitions to intervene), an answer to a motion for consolidation must explain how consolidation would, if allowed, adversely affect the nonmoving party’s ability to conduct and complete discovery, or its ability to present its claims or defenses.
(g) A motion to consolidate will be considered untimely as to a provider appeal if it is filed after the date set for the conclusion of discovery in that provider appeal. An untimely motion to consolidate will only be granted with the consent of the nonmoving parties.
(h) If a provider seeks to consolidate its provider appeal with a provider appeal filed by a different provider, the motion for consolidation shall be deemed to be opposed by the other provider unless an affirmative statement to the contrary is set forth in the motion.
(i) A motion for consolidation and an answer thereto must be served on each person that is a party to the other provider appeals for which consolidation is sought.
(j) If the Bureau grants a provider’s motion to consolidate, the discovery available to the providers in the consolidated appeals must, in the aggregate, comply with the limitations specified in § 41.120 (relating to limitations on scope of discovery).
(k) Subsections (a)—(j) supersede 1 Pa. Code § § 35.45 and 35.122 (relating to consolidation; and consolidation of formal hearings).
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