Eye & Ear Hospital v. Commonwealth

Opinion by

Judge Barry,

This appeal results from an order of the Office of Hearings & Appeals, Department of Public Welfare (DPW), which adopted in its entirety the recommendation of a hearing officer that no error was committed by DPW in its denial of certain reimbursement payments sought by the petitioners, Eye & Ear Hospital and Presbyterian University Hospital.

The sought-after reimbursements stem from care provided by the two hospitals to thirty-four patients in their shared “Short Procedure Unit” (SPU). This was a new facility,1 having commenced operation in June, 1984. In December, 1984…