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LACKAWANNA-SUSQUEHANNA-WAYNE v. DPW

127 Pa.Commw. 45 (1989)

560 A.2d 915

LACKAWANNA-SUSQUEHANNA-WAYNE MENTAL HEALTH AND MENTAL RETARDATION PROGRAM, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 21, 1989.

Attorney(s) appearing for the Case

Jonathan Vipond, III, Judith P. Musselman, Baskin, Flaherty, Elliott-Mannino & Beren, P.C., Harrisburg, for petitioner.

John Kane, Chief Counsel, Howard Ulan, Asst. Counsel, Harrisburg, for respondent.

Before CRAIG and BARRY, JJ., and KALISH, Senior Judge.

CRAIG, Judge.

The Lackawanna-Susquehanna-Wayne Mental Health and Mental Retardation Program (Program) appeals an order of the Director of the Office of Hearings and Appeals of the Department of Public Welfare (DPW) holding that (1) the requirement that a minimum occupancy rate of 85 percent be used to calculate reimbursement units for fee-for-service (per diem) funding of Community Residential Rehabilitation...

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