Section 3801.504 - Review procedureChapter 5 of the Accident and Health filing Reform Act [40 P.S. §§ 3801.501 to 3801.514] effective upon publication of notice under 40 P.S. § 3801.5103.
(a) General rule.--Filings shall be reviewed as appropriate and necessary to carry out the provisions of this chapter. Unless a filing is disapproved by the department within the 45-day period provided in section 503(f) , filings made undersection 503 shall become effective for use 45 days following:(1) the expiration of any public comment period established by the commissioner under section 511 ; or(2) receipt of the filing by the department if no public comment period is established.(b) Disapproval.--Disapproval of a filing shall be based only on specific provisions of applicable law, regulation or statement of policy or if insufficient information is submitted to support the filing. Rates filed under section 503(e) shall not be disapproved unless the rates are determined to be excessive, inadequate or unfairly discriminatory.(c) Resubmission.--A filing disapproved by the department may be resubmitted within 120 days after the date of the disapproval. Filings resubmitted within this time shall become effective for use 30 days after the receipt of the resubmission by the department unless the filing is disapproved by the department before the expiration of the 30-day period. This subsection shall not apply to filings made prior to February 17, 1997.(d) Disapproval of resubmissions.--Disapproval of a filing resubmitted under subsection (c) shall be based only on specific provisions of applicable law, regulation or statement of policy or if insufficient information is submitted to support the filing. Disapproval may not be based on any grounds not specified in the initial disapproval issued by the department except to the extent that new information is presented in the resubmission.(e) Subsequent resubmissions.--Any further resubmission following a second disapproval shall be considered a new filing and reviewed in accordance with subsection (a).(f) Commissioner's discretion.--Nothing in this section shall be construed to prevent the commissioner from affirmatively approving a filing at the commissioner's discretion.1996, Dec. 18, P.L. 1066, No. 159, § 504, added 2011, Dec. 22, P.L. 615, No. 134, § 7.