Legal Opinion · Dissent
Department of Public Welfare v. Presbyterian Medical Center
Commonwealth Court of Pennsylvania
Decided May 15, 2003Published
1Dissent
DISSENTING OPINION BY
Judge LEAVITT.
Respectfully, I dissent. With this decision, we hold for the first time that reimbursement disputes arising from a provider’s agreement to deliver medical or nursing services to a Medical Assistance client must be heard exclusively by the Department of Public Welfare (DPW). In doing so, we divest the Board of Claims of jurisdiction over provider reimbursement claims, even though its jurisdiction over such claims has been expressly recognized by DPW since at least 1981.1
The Board of Claims is a venerable institution that was created in 1937 to “arbitrate…
2Cases cited15 opinions
- Barnes v. GormanSupreme Court of the United States · 2002
- American Telephone & Telegraph Co. v. Central Office Telephone, Inc.Supreme Court of the United States · 1998
- Shovel Transfer & Storage, Inc. v. SimpsonSupreme Court of Pennsylvania · 1989
- Philadelphia Suburban Water Co. v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2002
- West Penn Power Co. v. Nationwide Mutual InsuranceSuperior Court of Pennsylvania · 1967
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