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ALBERT BERRY, METHODIST HOSPITAL v. DPW.

No. 672 C.D. 1978.

42 Pa.Commw. 640 (1979)

Albert Berry, Methodist Hospital, Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

May 21, 1979.

Attorney(s) appearing for the Case

Doris J. Dabrowski, with her Tabas, Horwitz & Furlong, for appellants.

Betty F. Perry, Assistant Attorney General, for appellee.

Argued March 8, 1979, before Judges WILKINSON, JR., MENCER and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, May 21, 1979:

Albert Berry (Applicant) was denied medical assistance by the Philadelphia County Board of Assistance (Board) by reason of its determination that the medical services for which the assistance was sought had not been performed within the 90 day period preceding the date of his application, as is required by a regulation of the Department of Public Welfare (DPW). After a fair hearing was conducted by a DPW hearing examiner, the...

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