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OVERLOOK MEDICAL CLINIC v. COMMONWEALTH PENNSYLVANIA (06/12/89)

filed: June 12, 1989.

THE OVERLOOK MEDICAL CLINIC, SILVER OAKS NURSING CENTER AND GOLDEN HILL NURSING HOME, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF HEALTH, RESPONDENT



PETITION FOR REVIEW (STATE HEALTH FACILITY HEARING BOARD)

COUNSEL

Charles O. Barto, JR., Esq., HARRISBURG, Pennsylvania for PETITIONER.

Ruth Granfors, CHIEF COUNSEL, Carol Brayshaw Longwell, ASST. COUNSEL, Harrisburg, Pennsylvania for RESPONDENT.

Andrew S. Gordon, Esq., BUCHANAN INGERSOLL PROFESSIONAL CORP., Harrisburg, Pennsylvania, FOR CASTLE MANOR PROPERTIES ASSOCIATES.

Paul J. Carey, EXECUTIVE DIRECTOR, STATE HEALTH FACILITY HEARING BOARD, Harrisburg, Pennsylvania, NOT. OF INTERVENTION.

Before: Honorable James Crumlish, Jr., President Judge, Honorable Bernard L. McGINLEY, Judge (p.), Honorable Emil E. Narick, Senior Judge

Author: Crumlish

[ 126 Pa. Commw. Page 468]

OPINION

Opinion BY PRESIDENT JUDGE JAMES CRUMLISH, JR.

Overlook Nursing Center*fn1 (Overlook) appeals a State Health Facility Hearing Board (Board) order granting the motion to strike filed by Castle Manor Properties Associates (Castle Manor), the intervenor in this appeal. We reverse and remand.

Castle Manor filed an application for a Certificate of Need to construct a seventy-eight bed subacute, skilled and intermediate care facility. Notice of the application was properly published and Overlook, an operator of similar health care facilities in the area, submitted written requests to become an "affected party" to the proceedings. At the public hearing, representatives of Overlook testified in opposition to the proposal. The Department of Health (Department) subsequently approved Castle Manor's application and Overlook appealed. Upon reviewing Castle Manor's motion to strike the appeal, the Board concluded that Overlook did not have standing because its members did not file specific objections to Castle Manor's application within the statutorily prescribed time.

Section 703(a) and (b) of the Health Care Facilities Act (Act), Act of July 19, 1979, P.L. 130, as amended, 35 P.S. ยง 448.703(a), prescribes the procedures by which notice of completed Certificate of Need applications is to be given. Once notice is properly effected, Section 703 provides that

[d]irectly affected persons may file objections within 15 days of such publication with the local health systems agency setting forth ...


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