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§ 1103. Supersedeas

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 67 Pa.C.S.A. Public WelfareEffective: December 3, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 67 Pa.C.S.A. Public Welfare
Part II. Medical Assistance (Refs & Annos)
Chapter 11. Medical Assistance Hearings and Appeals (Refs & Annos)
Effective: December 3, 2002
67 Pa.C.S.A. § 1103
§ 1103. Supersedeas
(a) Not automatic.--A request for hearing filed pursuant to this chapter shall not act as an automatic supersedeas. The bureau may, however, grant a supersedeas upon good cause shown.
(b) Criteria.--The bureau, in granting or denying a supersedeas, shall be guided by relevant judicial precedent. Among the factors to be considered are:
(1) irreparable harm to the petitioner;
(2) likelihood of the petitioner prevailing on the merits; and
(3) likelihood of injury to the public or other parties.
(c) Prohibition.--A supersedeas shall not be issued if injury to the public health, safety or welfare exists or is threatened during the period when the supersedeas would be in effect.
(d) Conditions.--In granting a supersedeas, the bureau may impose conditions which are warranted by the circumstances, including the filing of a bond or other security.

Credits

2002, Dec. 3, P.L. 1147, No. 142, § 20.1, imd. effective.
67 Pa.C.S.A. § 1103, PA ST 67 Pa.C.S.A. § 1103
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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