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FORBES MET. H.S. v. PennDPW.

No. 2747 C.D. 1987.

125 Pa.Commw. 571 (1989)

558 A.2d 159

Forbes Metropolitan Health System, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

May 3, 1989.

Attorney(s) appearing for the Case

R. Dell Ziegler, with counsel, Stephen H. Nimmo, Buchanan Ingersoll, for petitioner.

Jeffrey P. Schmoyer, Assistant Counsel, with him, Diane J. Bartels, Assistant Counsel, for respondent.

Argued October 6, 1988, before Judges BARRY and SMITH, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE SMITH, May 3, 1989:

Forbes Metropolitan Health System (Petitioner) appeals from the Order of the Department of Public Welfare (DPW), Office of Hearings and Appeals (OHA), affirming the Attorney Examiner's recommendation that Petitioner's claim for increased payment for services to Medicaid patients be denied. The OHA order is affirmed.

The issue before this Court is whether DPW acted arbitrarily and capriciously, in violation of Petitioner...

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