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TEMPLE UNIVERSITY - COMMONWEALTH SYSTEM HIGHER EDUCATION v. COMMONWEALTH PENNSYLVANIA (03/03/87)

decided: March 3, 1987.

TEMPLE UNIVERSITY - OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Original jurisdiction in the case of Temple University -- of the Commonwealth System of Higher Education v. Commonwealth of Pennsylvania, Department of Public Welfare.

COUNSEL

Matthew M. Strickler, with him, Wendy Fleishman, Ballard, Spahr, Andrews & Ingersoll, for petitioner.

John A. Kane, Chief Counsel, with him, Bruce G. Baron, for respondent.

Judges Craig and Doyle, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt. Judge Doyle dissents.

Author: Blatt

[ 104 Pa. Commw. Page 286]

The Commonwealth of Pennsylvania, Department of Public Welfare (DPW) has filed Preliminary Objections to Temple University's (Temple) Petition for a Writ of Mandamus.

In the fall of 1975 and 1976, Temple filed cost reports for fiscal years ending 1975 and 1976 in which it claimed to be entitled to reimbursement for in-patient care provided to medical assistance beneficiaries. After numerous attempts to obtain complete reimbursement, Temple appealed DPW's disallowance of certain claims to this Court.*fn1 On July 6, 1984, we ordered that the findings of hearing examiner Miller be reinstated*fn2 and

[ 104 Pa. Commw. Page 287]

    that the Temple 1977 appeal be remanded for further hearings. Temple II. DPW, however, took no action concerning that order. On January 9, 1986 Temple filed a Petition for Review in our original jurisdiction seeking a Writ of Mandamus requesting that this Court direct DPW to:

(1) adopt the findings and recommendations of examiner Miller as to the 1975 and 1976 appeals and to sustain those appeals;

(2) consider the appeals for 1977 and subsequent years in light of the sustaining of the 1975 and 1976 appeals and sustain those appeals under the principles of collateral estoppel; and

(3) pay Temple interest at the legal rate on the amounts at issue on all appeals because of DPW's delay in processing those appeals.

Subsequent to the filing of this mandamus action, the Director of the DPW Office of Hearings and Appeals issued a final administrative decision on February 3, 1986 which sustained the 1975 and 1976 appeals.*fn3 Temple thereafter received the monies it requested for those fiscal years. Furthermore, the appeals for 1977 and subsequent years were consolidated and are currently before a hearing examiner who has requested briefs addressing the collateral estoppel effect of the 1975 and 1976 appeals ...


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