D. P. W. v. TEMPLE UNIV.

No. 1257 C.D. 1974.

21 Pa.Commw. 162 (1975)

Commonwealth of Pennsylvania, Department of Public Welfare, v. Temple University — of the Commonwealth System of Higher Education, Appellant.

Commonwealth Court of Pennsylvania.

September 8, 1975.


Attorney(s) appearing for the Case

Matthew M. Strickler, with him Leonard C. Homer, Peter Platten, and, of counsel, Ballard, Spahr, Andrews & Ingersoll, for appellant.

Darius G.C. Moss, Assistant Attorney General, with him Andrea Jacobson Malak, Assistant Attorney General, Barry A. Roth, Assistant Attorney General, and Marx S. Leopold, General Counsel, for appellee.

Perrin C. Hamilton, with him Walter T. Darmopray, and Hamilton, Darmopray & Malloy, for amicus curiae, Northwestern Institute of Psychiatry.

Frederick L. Fuges, with him, of counsel, MacCoy, Evans & Lewis, for amicus curiae, Contributors to the Pennsylvania Hospital.

Brenda C. Kinney, with her James D. Crawford, Frank H. Abbott, and, of counsel, Schnader, Harrison, Segal & Lewis, for amicus curiae, Delaware Valley Hospital Council.

Bruce Eckert, with him James H. Stewart, Jr., and Nauman, Smith, Shissler & Hall, for amicus curiae, Hospital Association of Pennsylvania.

Argued May 5, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE BLATT, September 8, 1975:

In this appeal from an adjudication of the Commonwealth of Pennsylvania, Department of Public Welfare (Department), Temple University of the Commonwealth System of Higher Education (Temple) pursues a challenge to the Department's practice of denying payment to hospitals under the Medical Assistance Program for inpatient hospital care (a) during extended stays caused...

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