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WESTERN RES. CONVALESCENT HOME v. COM.

541 Pa. 77 (1995)

660 A.2d 1312

WESTERN RESERVE CONVALESCENT HOME OF ERIE, Appellee, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant.

Supreme Court of Pennsylvania.

Decided June 19, 1995.

Attorney(s) appearing for the Case

Jeffrey P. Schmoyer, Dept. of Public Welfare, for appellant.

Jack M. Mumford, Duane, Morris & Heckscher, Allen C. Warshaw, Harrisburg, for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

ZAPPALA, Justice.

This appeal by the Commonwealth of Pennsylvania, Department of Public Welfare (DPW), raises the issue of whether the DPW is obligated to pay to Appellee, Western Reserve Convalescent Home of Erie (Western Reserve), a participant in the Medical Assistance Program (MA), interest on its underpayment of reimbursement for nursing home services.1

On January 1, 1983, Western Reserve sold its...

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