Department of Public Welfare v. Presbyterian Medical Center
Supreme Court of Pennsylvania
1DissentJustice Eakin
I disagree with the majority that the reimbursement claims at issue here, filed under the Pennsylvania Medical Assistance Program prior to 2003, lie properly before DPW’s Bureau of Hearing Appeals (BHA). Because I believe the Board of Claims has jurisdiction over these claims, I respectfully dissent.
As a service provider, Oakmont entered into a provider agreement with DPW. If Oakmont disputed the amount of reimbursement allowed by regulation, the BHA would be the *355correct tribunal to hear that claim. See DPW v. River Street Associates, 798 A.2d 260, 264 (Pa.Cmwlth.2002) (dispute centers on…
2Cases cited6 opinions
- Stackhouse v. CommonwealthSupreme Court of Pennsylvania · 2003
- Pennsylvania Pharmacists Ass'n v. Commonwealth, Department of Public WelfareCommonwealth Court of Pennsylvania · 1999
- Commonwealth v. Divine Providence HospitalCommonwealth Court of Pennsylvania · 1986
- Commonwealth v. ShapiroCommonwealth Court of Pennsylvania · 1985
- Pennsylvania Department of Public Welfare v. River Street AssociatesCommonwealth Court of Pennsylvania · 2002
1 more not listed; retrieve them via the Exa API.