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HOSP. ASS'N v. COM., DEPT. OF PUBLIC WEL.

495 Pa. 225 (1981)

433 A.2d 450

The HOSPITAL ASSOCIATION OF PENNSYLVANIA, et al., v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant.

Supreme Court of Pennsylvania.

Decided July 2, 1981.

Attorney(s) appearing for the Case

Margaret Hunting, Deputy Atty. Gen., Edward G. Biester, Jr., Atty. Gen., for appellant.

James H. Stewart, Jr., Harrisburg, for appellees.

Before ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

This is an appeal from a decree of the Commonwealth Court granting a preliminary injunction in favor of appellees, the Hospital Association of Pennsylvania and 175 hospitals, and against appellant, the Commonwealth's Department of Public Welfare. The decree prohibits the Department from including certain provisions of a "non-discrimination clause" in its written agreements for inpatient hospital-care reimbursement with...

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