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EMERGENCY MEDICAL SERVICES COUNCIL NORTHWESTERN PENNSYLVANIA v. DEPARTMENT HEALTH COMMONWEALTH PENNSYLVANIA AND H. ARNOLD MULLER (10/04/82)

decided: October 4, 1982.

EMERGENCY MEDICAL SERVICES COUNCIL OF NORTHWESTERN PENNSYLVANIA, INC., APPELLEE,
v.
DEPARTMENT OF HEALTH OF THE COMMONWEALTH OF PENNSYLVANIA AND H. ARNOLD MULLER, M.D., SECRETARY OF HEALTH, APPELLANTS



No. 81-2-294, Appeal from the Order of the Commonwealth Court dated November 10, 1981 at No. 2431 C.D. 1981

COUNSEL

John G. Knorr, III, Deputy Atty. Gen., Julia E. Gabis, Asst. Counsel, Dept. Health, Allen C. Warshaw, Deputy Atty. Gen., Harrisburg, for appellants.

Zanita A. Zacks-Gabriel, Erie, for appellee.

Nix, Justice.

Author: Nix

[ 499 Pa. Page 3]

OPINION

This is an appeal questioning the propriety of a Commonwealth Court order (per Craig, J.) granting a preliminary injunction which, inter alia, restrained appellant, the Department of Health (Department) from terminating its 1981-1982 funding contract with appellee, Emergency Medical Services Council of Northwestern Pennsylvania, Inc. (EMSC) as well as enjoining the Department's withdrawal of recognition of EMSC as the official emergency health services council for its twelve-county region in northwestern Pennsylvania under the Emergency Medical Services Systems Act.*fn1

The Pennsylvania Emergency Medical Services System Act establishes a system of state grants and contracts for the purpose of, inter alia, developing and implementing comprehensive emergency health services programs within defined areas of the Commonwealth and to provide an effective and coordinated system of emergency health care services.

EMSC is a Pennsylvania non-profit corporation organized for the purpose of developing and implementing comprehensive emergency health services programs for the northwestern Pennsylvania region. Since 1975, the Department has entered into yearly funding contracts with EMSC pursuant to the Act.

EMSC receives approximately eighty percent (80%) of its funding from the Department with the remaining funds coming from the federal government and other sources.

[ 499 Pa. Page 4]

EMSC serves as a coordinating liaison for the existing health care facilities and local government, educational institutions and community groups. EMSC also provides technical assistance and various training programs.

EMSC does not provide the services of physicians, paramedics or ambulances and it does not operate the medical-communications systems existing in the area. These functions are ...


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