RITTER v. COHEN

Nos. 85-1691, 86-1302.

797 F.2d 119 (1986)

Arnold RITTER, D.O., Appellant, v. Walter COHEN, Individually and in his official capacity as Secretary of the Department of Public Welfare, Commonwealth of Pennsylvania and Gerald Radke, Individually and in his official capacity as Deputy Secretary of the Department of Public Welfare, Commonwealth of Pennsylvania, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 23, 1986.


Attorney(s) appearing for the Case

Gilbert B. Abramson, Philip L. Blackman, Michael B. Tolcott (argued), Abramson, Cogan, Kogan, Freedman, and Blackman, P.C., Philadelphia, Pa., for appellant.

LeRoy S. Zimmerman, Atty. Gen., Joel M. Ressler (argued), Deputy Atty. Gen., John G. Knorr, III, Senior Deputy Atty. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., Chief, Litigation Section, Harrisburg, Pa., for appellees.

Before ADAMS, WEIS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This case requires us to consider what process the state of Pennsylvania is constitutionally required to furnish when terminating a medical provider's participation in the Medicaid program. The district court rejected an osteopathic physician's due process claim, declaring that he lacked a property interest in his continued role in the program, and that even if he was entitled to constitutional protection, he received...

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