2012 Pennsylvania Consolidated Statutes
Title 67 - PUBLIC WELFARE
Chapter 11 - Medical Assistance Hearings and Appeals
Section 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.
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