Legal Opinion

Atlas Development Ass'n v. Commonwealth

Commonwealth Court of Pennsylvania

Decided January 11, 1991No. 1329 C.D. 1988PublishedCited by 3 opinions

1Opinion of the Court

BARRY, Senior Judge.

Petitioner Atlas Development Association, Inc. t/a Mount Carmel Nursing Home (Mount Carmel) seeks our review of an order of the Secretary of the Department of Welfare (DPW) dated May 4, 1988, which affirmed a December 2, 1987 decision of the Department of Public Welfare’s Office of Hearings and Appeals to classify interest earned on a debt service reserve fund as investment income and offset it against allowable interest expense on capital indebtedness.

Mount Carmel, a participant in the Medical Assistance and Medicare Programs, incurred debt through a bond issue in the…

2Cases cited2 opinions

  1. Friedlander v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1988
  2. Cheshire Hospital v. New Hampshire-Vermont Hospitalization Service, Inc.Court of Appeals for the First Circuit · 1982

3Cited by3 opinions

  1. Oakmont Presbyterian Home v. Department of Public WelfareCommonwealth Court of Pennsylvania · 1993
  2. Sycamore Manor Health Center v. Department of Public WelfareCommonwealth Court of Pennsylvania · 1995
  3. ECC Retirement Village v. Department of Public WelfareCommonwealth Court of Pennsylvania · 1993

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