Citizens General Hospital v. Commonwealth

Dissenting Opinion by

Judge Williams, Jr.:

In Sarah A. Todd. Memorial Home v. Department of Health, 49 Pa. Commonwealth Ct. 116, 410 A.2d 404 (1980), this Court held that a proposed negative recommendation of the Department of Health lacked the finality required for our. appellate review.

All of the legal efforts of the present plaintiff-petitioner have been to avoid a negative recommendation from the State Department of Health, and its Secretary,, to the federal Secretary of Health and’ Human Services. That reality remains despite the device of casting the sought relief as a prayer for an…