BARNETT ET AL. v. DEPT. OF PUB. WELFARE

No. 2236 C.D. 1983.

89 Pa.Commw. 16 (1985)

Dorothy Barnett, et al., Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

April 26, 1985.


Attorney(s) appearing for the Case

Charles O. Barto, Jr., for petitioners.

Joel M. Ressler, Deputy Attorney General, with him, Allen C. Warshaw, Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued January 28, 1985, before Judge COLINS and Senior Judges BARBIERI and KALISH, sitting as a panel of three.


OPINION BY JUDGE COLINS, April 26, 1985:

This Petition for Review is on behalf of several nursing home patients (petitioners)1 who have been receiving skilled nursing care under the Medical Assistance Program.2 Following an evaluation by a Pennsylvania Department of Public Welfare (DPW) Inspection of Care Team,3 the DPW determined that petitioners should be reclassified from skilled...

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