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CHURCH OF GOD HOME, INC. v. DPW

No. 1420 C.D. 2008.

977 A.2d 591 (2009)

CHURCH OF GOD HOME, INC., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 23, 2009.

Publication Ordered June 10, 2009.

Attorney(s) appearing for the Case

Allison M. O'Horo, Harrisburg, for petitioner.

Diane Ryan Katz, Asst. Counsel, Pittsburgh and Allen Warshaw, Chief Counsel, Harrisburg, for respondent.

BEFORE: SMITH-RIBNER, Judge and COHN JUBELIRER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SMITH-RIBNER.

Church of God Home, Inc., (CGH), a long-term nursing care facility, petitions the Court for its review of the July 2, 2008 final order of the Secretary of the Department of Public Welfare (DPW). Secretary Estelle B. Richman upheld the order of the Bureau of Hearings and Appeals (Bureau), which dismissed on grounds of res judicata and lack of timely filing an appeal of the CGH from denial of an application for Medical Assistance...

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