FRANKLIN CTY. NURSING HOME v. D.P.W.


126 Pa.Commw. 375 (1989)

559 A.2d 1002

FRANKLIN COUNTY NURSING HOME, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Re-argued February 8, 1989.

Decided June 6, 1989.


Attorney(s) appearing for the Case

Gerald Gornish, Jeffrey B. Schwartz and Steven E. Bernstein, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, for petitioner.

Bruce G. Baron, Asst. Counsel, Harrisburg, for respondent.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, BARRY, COLINS, McGINLEY and SMITH, JJ.


SMITH, Judge.

Franklin County Nursing Home (Franklin) appeals from an order of the Executive Deputy Secretary of the Department of Public Welfare (DPW) denying Franklin reimbursement of costs under Pennsylvania's medical assistance program, Section 443.1 of the Public Welfare Code.1 This Court reverses DPW.2

The issue before this Court is whether Section 201 of the General Appropriations Act of 1980...

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