Woods Services v. Department of Public Welfare of the Commonwealth

McGINLEY, Judge.

Presently before this Court are Woods Services’ (Woods) motion for summary judgment and the Department of Public Welfare’s (DPW) cross-motion for summary judgment filed in our original jurisdiction.1

Woods is a non-profit organization located in Bucks County, Pennsylvania which provides educational and residential services to mentally retarded individuals. Woods applied to the Pennsylvania Department of Health (Department of Health) for a certificate of need (CON) for a proposed 102 bed intermediate care facility (ICF) for the mentally retarded. In December of 1994, the…