Wesbury United Methodist Community v. Department of Public Welfare

CRAIG, President Judge.

The salient issue in this case, one of first impression, is whether the Governor of the Commonwealth of Pennsylvania acted contrary to law in instructing the Budget Secretary to disregard the effective date of a raised ceiling for nursing home cost reimbursements authorized by § 443.1 of the Public Welfare Code, 1 when that date was stated in an earlier appropriation act.

Wesbury United Methodist Community appeals an order of the Office of Hearings and Appeals (OHA) adopting the recommendation of an attorney examiner that the Department of Public Welfare (DPW) did not…