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KAREN WENGRZYN v. WALTER COHEN (10/04/85)

decided: October 4, 1985.

KAREN WENGRZYN, PETITIONER
v.
WALTER COHEN, SECRETARY, PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of Appeal Of: Karen Wengrzyn, Re: Eric Wengrzyn, dated June 21, 1984.

COUNSEL

Samuel W. Milkes, for petitioner.

Jean E. Graybill, Assistant Counsel, for respondent.

Judges Craig and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino. Dissenting Opinion by Judge Kalish.

Author: Palladino

[ 92 Pa. Commw. Page 155]

Karen Wengrzyn (Petitioner) appeals from an order of the Department of Public Welfare (DPW) denying a Medical Assistance Program Exception which requested payment for items prescribed for Petitioner's son, Eric Wengrzyn. We affirm.

Petitioner's son, Eric, is eligible for Medical Assistance benefits under the Aid to Families with Dependent

[ 92 Pa. Commw. Page 156]

Children (AFDC) category. Eric's physician, Dr. Donald Lookingbill, diagnosed Eric as having a condition known as severe atopic dermatitis. In order to keep the condition under control and prevent infection, Eric is required to take frequent baths with Alpha Keri bath oil, and to apply Eucerin Cream to his skin several times each day. The Alpha Keri and Eucerin Cream were prescribed by Dr. Lookingbill.

Alpha Keri and Eucerin Cream are not prescription drugs and can be purchased over the counter. DPW's regulations list emollients, personal care items, and medicine chest items as non-compensable under the Medical Assistance program. 55 Pa. Code § 1121.54(10). On February 3, 1984, Petitioner applied for a Program Exception under 55 Pa. Code § 1101.32(c)*fn1 for the Alpha Keri and the Eucerin

[ 92 Pa. Commw. Page 157]

Cream. On February 14, 1984, this request was denied by the Program Exception Unit of the DPW Office of Medical Assistance. The DPW Hearing Officer affirmed the denial.

DPW has established the following criteria in evaluating all requests for ...


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