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McALLISTER v. DEPT. OF PUBLIC WELFARE

No. 2370 C.D. 1977.

41 Pa.Commw. 31 (1979)

Clifford McAllister, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

March 1, 1979.

Attorney(s) appearing for the Case

Abraham A. Hobson, III, for petitioner.

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

Submitted on briefs, February 8, 1979, to Judges WILKINSON, JR., MENCER and CRAIG, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., March 1, 1979:

Petitioner, a resident of a skilled care nursing facility, appeals from a final order of the Department of Public Welfare (Department) which sustained the reclassification of petitioner's level of care under the Medical Assistance Program1 from skilled to intermediate. We affirm.

Petitioner has been a resident of Rest Haven-Whitemarsh Nursing Center, a skilled care facility,

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