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Home | DPW Organization | Office of Administration | Bureau of Hearings and Appeals

Bureau of Hearings and Appeals

The Bureau of Hearings and Appeals (BHA) is the Department of Public Welfare (DPW) entity charged with conducting Administrative hearings and timely adjudicating appeals filed in accordance with state and federal regulations. BHA's jurisdiction is vast. It covers nearly 280 different areas, including the denial, suspension, termination, or reduction of any DPW-issued benefit (cash assistance; Medical Assistance; Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as Food Stamps; social services; durable equipment; etc.).

BHA is also responsible for rendering legally sound adjudications for disputes regarding child abuse expunction, day care licensure, medical assistance provider enrollment, medical provider audit findings, injured DPW employees (Act 534 benefits), Department of Aging actions, Office of Inspector General Administrative Disqualification Hearings, and nursing home intervention requests, among numerous other issues.

Jurisdiction

The Bureau of Hearings and Appeals has the authority delegated by the Secretary of Public Welfare to hear and adjudicate over 280 jurisdictional issues for the Department of Public Welfare. The Bureau is also designated to hear and adjudicate issues for the Department of Aging under an interagency agreement. The issues under Bureau of Hearings and Appeals jurisdiction include, but are not limited to, the following:

• Denial, reduction, suspension, or termination of Cash Assistance, Medical Assistance or Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as Food Stamps.
• Denial, reduction, suspension, or termination of direct social services (e.g. day care, legal services, etc.).
• Denial of PACE prescription benefits by the Department of Aging.
• Denial, reduction, or termination of Department of Aging Adult Day Care services.
• Appropriate level of care for nursing home residents.
• Denial, suspension, or termination of providers from participation in the Medical Assistance Program.
• Liability of payment for persons who are either receiving in-patient or out-patient care in mental health facilities.
• Denial, suspension, or termination of licensure for personal care boarding home facilities or day care facilities.
• Employee injury claims under Act 534.
• Establishment of family service plans for persons receiving services through the local children and youth agency.
• Adoption subsidy cases and foster care benefit cases.
• Disputes regarding the maintenance of the permanent record of founded or indicated child abuse in the central state registry.
• Nursing rate reimbursement (either the establishment of per diem rates or audit resolution issues).
• In-patient utilization review.
• Provisions of Low Income Home Energy Assistance cash payments.
• Disputes regarding reports of elder abuse to the Department of Aging.

All hearings regarding recipient related appeals are conducted in accordance with the regulations found at Title 55 Pa. Code, Chapter 275 (and 6 Pa. Code, Chapter 3 for Department of Aging appeals). Recipient claims should be filed with the program office. Hearings for non-recipient related appeals are conducted in accordance with Title 1 Pa. Code Chapters 31, 33 and 35, and Medical Provider appeals are conducted under Title 55 Pa. Code Chapter 41.