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MICHAEL A. ZIEV v. COMMONWEALTH PENNSYLVANIA (10/17/88)

decided: October 17, 1988.

MICHAEL A. ZIEV, D.O., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE AND JOHN F. WHITE, JR., SECRETARY OF DEPARTMENT OF PUBLIC WELFARE, RESPONDENTS



Appeal from the Order of the Department of Public Welfare in the case of Appeal of: Michael A. Ziev, D.O., File No. 09-87-002.

COUNSEL

Bruce L. Thall, with him, Gilbert B. Abramson, Abramson, Cogan, Kogan, Freedman & Thall, P.C., for petitioner.

Bruce G. Baron, Assistant Counsel, for respondents.

Judges Craig and Palladino, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick. Judge MacPhail did not participate in the decision in this case.

Author: Narick

[ 120 Pa. Commw. Page 440]

This is an appeal by Dr. Michael Ziev (Petitioner) from a decision and order of the Secretary (Secretary) of the Department of Public Welfare (DPW). We affirm.

[ 120 Pa. Commw. Page 441]

We recognize that the chronology of events in this matter is confusing; therefore, we will attempt to set forth the relevant facts as clearly and concisely as possible.

Petitioner, a licensed osteopathic physician voluntarily withdrew from DPW's Medical Assistance Program (MAP). By letter dated September 19, 1986, DPW advised Petitioner that his resignation was accepted. However, pursuant to a letter dated November 26, 1986, Petitioner was informed that DPW intended to preclude his participation in MAP for a five year period. DPW also demanded restitution in the amount of $4,326.50.*fn1 Having already resigned from MAP, Petitioner took no action with respect to this letter.

On January 14, 1987, a final order was issued by the Office of Hearings and Appeals (OHA) precluding Petitioner from any direct or indirect participation in MAP for a five year period. The order further stated that Petitioner could request reconsideration with the OHA by filing a request within fifteen days or that Petitioner could file an appeal to the Commonwealth Court within thirty days. Again, because he had already resigned from MAP, Petitioner took no action other than to pay the restitution amount of $4,326.50.*fn2

On July 13, 1987, upon discovering that his suspension from MAP also precluded his elderly patients from securing benefits under the Pharmaceutical Assistance Contract for the Elderly Act (PACE), Petitioner filed a petition for allowance of appeal nunc pro tunc of the

[ 120 Pa. Commw. Page 442]

OHA order.*fn3 On August 12, 1987, the Secretary issued an order denying ...


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