Legal Opinion

Christ the King Manor v. Commonwealth, Department of Public Welfare

Commonwealth Court of Pennsylvania

Decided November 22, 2006PublishedCited by 35 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

In an effort to increase funding, Petitioners 1 filed an amended petition for review. It challenges the validity of amendments to regulations for nursing facility payment rates under Pennsylvania’s medical assistance program. Specifically, Petitioners seek a declaration that the amended regulations2 are unenforceable because they were authorized by the Act of July 7, *6292005, P.L. 177 (hereinafter “Act 42”), which is allegedly unconstitutional on several grounds. Before the Court are the Department of Public Welfare’s (DPW) preliminary objections.

I. Background

A.…

2Cases cited14 opinions

  1. Wm. Penn Parking Garage, Inc. v. City of PittsburghSupreme Court of Pennsylvania · 1975
  2. City of Philadelphia v. CommonwealthSupreme Court of Pennsylvania · 2003
  3. Pennsylvanians Against Gambling Expansion Fund, Inc. v. CommonwealthSupreme Court of Pennsylvania · 2005
  4. Stilp v. CommonwealthSupreme Court of Pennsylvania · 2006
  5. Tosto v. Pennsylvania Nursing Home Loan AgencySupreme Court of Pennsylvania · 1975

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3Cited by35 opinions

  1. Christ the King Manor, Inc. v. Secretary United States Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 2013
  2. Guarrasi v. ScottCommonwealth Court of Pennsylvania · 2011
  3. Phantom Fireworks Showrooms, LLC v. Tom Wolf, Governor of the Comwlth of PACommonwealth Court of Pennsylvania · 2018
  4. Key v. Pa. Dep't of Corr.Commonwealth Court of Pennsylvania · 2018
  5. Petsinger v. Department of Labor & Industry, Office of Vocational RehabilitationCommonwealth Court of Pennsylvania · 2010

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