MARKHAM v. WOLF

No. 176 M.D. 2015.

147 A.3d 1259 (2016)

Jessica MARKHAM, Victoria Markham, Jesse Charles, Pennsylvania Homecare Association, United Cerebral Palsy of Pennsylvania, Petitioners v. Thomas W. WOLF, in his Official Capacity as Governor of the Commonwealth of Pennsylvania, Department of Human Services, Office of Long Term Living, Respondents.

Commonwealth Court of Pennsylvania.

Decided September 22, 2016.


Attorney(s) appearing for the Case

James J. Kutz , Harrisburg, for petitioners.

Kenneth L. Joel , Chief Deputy Attorney General, Harrisburg, for respondents.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge


OPINION BY JUDGE SIMPSON

In this case in our original jurisdiction, we are asked to determine the validity of an executive order which purports to create new arrangements for direct care workers who provide personal services to certain aged and disabled participants in their homes. We are mindful of the respect and privacy afforded to a person in his or her home, dating back at least to Elizabethan England, and expressed in the words of Sir Edward Coke...

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