Commonwealth of Pennsylvania, Department of Public Welfare v. United States Department of Health and Human Services
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Chief Judge.
I
Introduction
The Commonwealth of Pennsylvania appeals from the district court’s order of summary judgment sustaining the Department of Health and Human Services’ (HHS) disallowance of $501,274.42 in federal Medicaid funds. The sanction resulted from Pennsylvania’s failure to show for a total of five fiscal quarters in 1984 and 1985 that it had conducted annual reviews of the medical care provided to every long stay Medicaid patient as required by the Social Security Act. 42 U.S.C. § 1396b(g)(l) (1988). While conceding that it missed several patients…
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