Legal Opinion

Temple University of the Commonwealth System of Higher Education & the Hospital Ass'n v. Pennsylvania Department of Public Welfare

Commonwealth Court of Pennsylvania

Decided June 17, 1977No. Nos. 1171 and 1172 C.D. 1976PublishedCited by 50 opinions

1Opinion of the Court

Opinion by President

Judge Bowman,

In Department of Public Welfare v. Temple University, 21 Pa. Commonwealth Ct. 162, 343 A.2d 701 (1975) (Temple 1), this Court held, inter alia, that the then existing regulations of the Department of Public Welfare (Department) contained in the Medical Assistance Manual (Manual) did not empower the Department to deny reimbursement to hospitals participating in the Medical Assistance Program for inpatient hospital care provided to eligible individuals during extended stays caused by a hospital’s inability to transfer a patient to a medically suitable lesser…

2Cases cited21 opinions

  1. Shapiro v. ThompsonSupreme Court of the United States · 1969
  2. Hagans v. LavineSupreme Court of the United States · 1974
  3. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  4. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  5. California Bankers Assn. v. ShultzSupreme Court of the United States · 1974

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3Cited by50 opinions

  1. Janicik v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1982
  2. In Re West Virginia Rezulin LitigationWest Virginia Supreme Court · 2003
  3. State ex rel. McCaffery v. HutchisonWest Virginia Supreme Court · 2003
  4. Allen v. ColauttiCommonwealth Court of Pennsylvania · 1980
  5. Ablin, Inc. v. Bell Tel. Co. of Pa.Superior Court of Pennsylvania · 1981

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