DEPT. OF HEALTH v. REHAB HOSP. SERV.


127 Pa.Commw. 185 (1989)

561 A.2d 342

COMMONWEALTH of Pennsylvania, DEPARTMENT OF HEALTH, Petitioner, v. REHAB HOSPITAL SERVICES CORP., Respondent. LEE HOSPITAL, Petitioner, v. COMMONWEALTH of Pennsylvania; DEPARTMENT OF HEALTH and Rehab Hospital Services Corporation and Rehabilitation Hospital of Altoona, Respondents. REHAB HOSPITAL SERVICES CORPORATION and Rehabilitation Hospital of Altoona, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF HEALTH, Respondent. REHAB HOSPITAL SERVICES CORPORATION and Rehabilitation Hospital of Altoona, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF HEALTH, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 12, 1989.

Reargument Denied August 24, 1989.

Petition for Allowance of Appeal Denied April 17, 1990.


Attorney(s) appearing for the Case

Darius G.C. Moss, Asst. Counsel, Harrisburg, for petitioner/respondent, Dept. of Health.

Seymour J. Schafer, Charles M. Means, Markel, Schafer & Means, Pittsburgh, for petitioner/intervenor, Lee Hosp.

Paul J. Carey, Jr., Harrisburg, for State Health Facility Hearing Bd.

Edward F. Shay, Philadelphia, James O'Toole, Jr., and Emily A. Zuzelo, Saul, Ewing, Remick & Saul, for respondents/petitioners, Rehab. Hosp. Services Corp. and Rehab. Hosp. of Altoona.

Before DOYLE and SMITH (P.), JJ., and KALISH, Senior Judge.


DOYLE, Judge.

Before the Court are the consolidated appeals of Lee Hospital (Lee) and the Department of Health (Department) from an order of the State Health Facilities Hearing Board (Board) which reversed the Department's grant of a Certificate of Need (CON) to Lee and the appeal of Rehab Hospital Services Corporation (RHSC) and Rehabilitation Hospital of Altoona (RHA) from the Board's order which denied...

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