Hospital & Healthsystem Ass'n of Pennsylvania v. Department of Public Welfare

CONCURRING AND DISSENTING OPINION BY

Judge SMITH-RIBNER.

I concur with the Majority’s decision to overrule the first preliminary objection of the Department of Public Welfare (DPW) and Secretary Feather O. Houstoun (hereafter Respondents) as to Petitioners’ standing to bring their action. I respectfully dissent, however, from the Majority’s decision to sustain Respondents’ remaining preliminary objections in the nature of a demurrer to the claims raised in Petitioners’ petition for review.

Petitioners have averred that the disputed language of the General Appropria*1208tion Act of 2002, Act of June…