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SKINNER ET AL. v. DEPT. OF PUBLIC WELFARE

No. 872 C.D. 1977.

41 Pa.Commw. 469 (1979)

Evangeline Skinner and Regina Community Nursing Center (a non-profit corp. of Penna.), Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

April 3, 1979.

Attorney(s) appearing for the Case

Frank M. Jackson, for appellants.

Betty F. Perry, Assistant Attorney General, for respondent.

Argued December 4, 1978, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, April 3, 1979:

Evangeline Skinner (Skinner) is a 91 year old mentally competent resident of the Regina Community Nursing Center (Center). Until early 1977, she received medical assistance benefits from the Department of Public Welfare (DPW). One criterion for long term medical assistance eligibility is that recipients not own "nonresident" property valued at more than $1500.00. 55 Pa. Code § 177.83(b)(2)(iv).1

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