REHAB HOS. SER. C. v. HEALTH S. A. of S. W. PA.

Nos. 2373 C.D. 1983, 2374 C.D. 1983, 2470 C.D. 1983 and 2471 C.D. 1983.

82 Pa.Commw. 147 (1984)

Rehab Hospital Services Corporation, Petitioner v. Health Systems Agency of Southwestern Pennsylvania, Respondent. Rehab Hospital Services Corporation, Petitioner v. Harmarville Rehabilitation Center, Inc., Respondent. Commonwealth of Pennsylvania, Department of Health, Petitioner v. Harmarville Rehabilitation Center, Inc., Respondent. Commonwealth of Pennsylvania, Department of Health, Petitioner v. Health Systems Agency of Southwestern Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

April 30, 1984.


Attorney(s) appearing for the Case

Richard DiSalle, with him Edward C. Schmidt and Templeton Smith, Jr., Rose, Schmidt, Dixon & Hasley, of counsel, Edward F. Shay, Gosfield & Shay, for petitioner, Rehab Hospital Services Corporation.

Ruth M. Siegel, Chief Counsel, with him Carolyn B. McClain, Assistant Counsel, Thomas D. Rees, Deputy General Counsel, and LeRoy S. Zimmerman, Attorney General, for petitioner, Pennsylvania Department of Health.

Eric W. Springer, with him Barbara Blackmond and James C. McManus, Horty, Springer & Mattern, P.C., for respondents, Harmarville Rehabilitation Center, Inc. and Health Systems Agency of Southwestern Pennsylvania.

Argued February 2, 1984, before Judges CRAIG, DOYLE and COLINS, sitting as a panel of three.


OPINION BY JUDGE COLINS, April 30, 1984:

This is a consolidated appeal from two decisions of the State Health Facility Hearing Board (Board). Petitioners, Rehab Hospital Services (Rehab) and the Commonwealth of Pennsylvania, Department of Health (Department) appeal the reversal by the Board of the Secretary of Health's grant of a certificate of need (CON) to Rehab.

Rehab filed an application for a CON with the Department on February 17, 1982. Respondent Health...

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