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LEHMANN v. DEPARTMENT OF PUBLIC WELFARE

No. 172 C.D. 2011

30 A.3d 580 (2011)

George LEHMANN and Ann Lehmann, Parents and Natural Guardians of C.L., Petitioners v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 25, 2011.

Attorney(s) appearing for the Case

Donald L. Reihart , York, for petitioners.

Sherri Glantz Patchen , Senior Counsel, Philadelphia, for respondent.

Gary L. Kaplan , Pittsburgh, for intervenor Gateway Health Plan, L.P.

BEFORE: PELLEGRINI, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge PELLEGRINI.

George and Ann Lehmann, Parents and Natural Guardians of C.L. (Appellants), petition for review of a final order by the Secretary of the Department of Public Welfare (Department) stating that growth hormone therapy was not medically necessary for their son, C.L. This appeal comes to us as a result of our remand in Lehmann v. Department of Public Welfare (No. 1753 C.D. 2008, filed May 1, 2009), where we ordered that new credibility...

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