Citizen Care, Inc. v. Commonwealth

Opinion by

President Judge Crumlish, Jr,

A Department of Welfare (DPW) attorney examiner issued a recommended, opinion which affirmed DPW’s withholding of $340,000.00. from a monthly payment due Citizen Care, Inc., d/b/a Robinson Developmental Center (RDC). The Office of Hearings and Appeals (OHA) adopted the recommendation in its entirety. RDC appeals; we vacate and remand.

RDC is a duly licensed intermediate care facility for the mentally retarded which is dependent upon state and federal revenues to meet operating costs. Prior to July 1, 1980, RDC operated pursuant to a DPW “blueback”…