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FORBES HEALTH SYSTEM ET AL. v. DPW.

No. 2407 C.D. 1977.

43 Pa.Commw. 609 (1979)

Forbes Health System and Geoffrey M. Hosta and Associates, Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

June 28, 1979.

Attorney(s) appearing for the Case

William J. McCormick, with him Moorhead & Knox, for petitioner.

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

James H. Stewart, Jr., and Nauman, Smith, Shissler & Hall, for amicus curiae, The Hospital Association of Pennsylvania.

Argued February 7, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges WILKINSON, JR. and ROGERS did not participate.

OPINION BY JUDGE MacPHAIL, June 28, 1979:

Forbes Health System (Forbes) and Geoffrey M. Hosta and Associates (Hosta) appeal to this Court from a decision of the Department of Public Welfare (DPW) denying them Medicaid reimbursement to which, they contend, they are entitled.

The facts of this case are not in dispute. Forbes is a non-profit Pennsylvania corporation which, at the time this case arose,...

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