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BIRCH HILLS v. DEPT. OF PUBLIC WELFARE

No. 422 M.D. 2007

943 A.2d 357 (2008)

BIRCH HILLS RESIDENCE and Mallard Meadows Residential Healthcare Center, Inc., Petitioners v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 17, 2008.

Attorney(s) appearing for the Case

Michael A. Hynum and Charles Artz, New Cumberland, for petitioners.

Daniel Fellin, Asst. Counsel, Harrisburg, for respondent.

BEFORE: SMITH-RIBNER and SIMPSON, Judges, and FLAHERTY, Senior Judge.

OPINION BY Judge SMITH-RIBNER.

The Commonwealth of Pennsylvania, Department of Public Welfare (Department) has filed preliminary objections to the petition for review filed in the Court's original jurisdiction by the personal care homes operated as Birch Hills Residence (Birch Hills) and Mallard Meadows Residential Healthcare Center, Inc. (Mallard Meadows) (together, Petitioners). They seek a declaration that 55 Pa.Code § 2600.269, relating to ban on admissions...

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