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PA. PROTECTION AND ADVOCACY, INC. v. DEPART. OF PUBLIC WELFARE

No. CIV.A.l:CV-00-1582.

243 F.Supp.2d 184 (2003)

PENNSYLVANIA PROTECTION AND ADVOCACY, INC., Plaintiff v. DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA; Mark S. Schweiker, in his official capacity as Governor of the Commonwealth of Pennsylvania; Feather O. Houstoun, in her official capacity as Secretary of Public Welfare for the Commonwealth of Pennsylvania; Gerald Radke, in his official capacity as Deputy Secretary for Mental Health and Substance Abuse Services; and S. Reeves Power, Ph.D., in his official capacity as Superintendent of South Mountain Restoration Center, Defendants.

United States District Court, M.D. Pennsylvania.

January 15, 2003.

Attorney(s) appearing for the Case

Carol A. Horowitz, Mark J. Murphy, Disabilities Law Project, Pittsburgh, PA, for plaintiff.

Thomas Blazusiak, Dept. of Public Welfare, Allentown, PA, John Kane, Dept. of Public Welfare, Harrisburg, PA, for defendants.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

Plaintiff, Pennsylvania Protection and Advocacy, Inc., (PP & A), the entity charged with protecting the rights of institutionalized Pennsylvanians, filed this lawsuit on behalf of residents of South Mountain Restoration Center (SMRC), a staterun nursing facility. PP & A alleges violations of Title XIX of the Social Security Act (the "Medicaid Act"), 42 U.S.C. §§ 1396a...

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