Amherst Nursing Home, Inc. v. Commonwealth

The Department of Public Welfare (DPW) adopted a regulation in 1979 which permitted it to recover overpayments made to one nursing home for the care of patients eligible for public assistance by offsetting amounts the DPW owed to another nursing home if at the relevant times the two facilities were “under a common ownership.” On final audit the DPW determined that the interim payments it had made to the Skole Nursing Home, Inc. (Skole) for each of fiscal years 1970, 1971, and 1974 exceeded the amount to which Skole was entitled in each year. During those years Bettie Skole Kravetz was the…