2010 Pennsylvania Code
Title 67 - PUBLIC WELFARE
Chapter 11 - Medical Assistance Hearings and Appeals
1103 - Supersedeas.

     § 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.