§ 6211.33. Denied waiver.
(a) After the Department has notified the provider that a waiver has been denied, the provider shall use the standard interim per diem rate, as specified in § 6211.15 (relating to establishment of standard per diem rate).
(b) If a waiver is denied, the provider may appeal the denial within 30 calendar days of the mailing date of the Department’s notice of the waiver denial.
Notes of Decisions Appeal
Health care provider that provided care and services to persons with mental retardation have an administrative remedy that could address its claims that Department of Public Welfare failed to reimburse it on cost-related basis for direct care staff costs, and reimbursed State-operated facilities more than non-State providers for same services; therefore, it must first pursue that avenue of relief before seeking judicial review. Network v. Department of Public Welfare, 833 A.2d 271, 275 (Pa. Cmwlth. 2003)
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