Pennsylvania Ass'n of Rehabilitation Facilities v. Foster

PALLADINO, Judge.

Presently before this court is a motion for summary judgment filed by Cynthia M. Maleski,1 the Insurance Commissioner of the Commonwealth of Pennsylvania and the Insurance Department of the Commonwealth of Pennsylvania (collectively Commissioner). For the reasons which follow, we grant summary judgment.

On November 27, 1991, the Pennsylvania Association of Rehabilitation Facilities (Association) filed a petition for review in our original jurisdiction2 challenging the validity of *430Section 69.43(b) of Regulation 11-91, 31 Pa.Code § 69.43(b), a final regulation duly promulgated…