Notes of Decisions
The provisions of 55 Pa. Code § 5403(a) do not require that a hearing officer review the assessment for the previous year. Powell v. Department of Public Welfare, 455 A.2d 1287 (Pa. Cmwlth. 1983).
The language of 55 Pa. Code § 5405.4 is mandatory and must be scrupulously followed. Powell v. Department of Public Welfare, 455 A.2d 1287 (Pa. Cmwlth. 1983).
The provisions of 55 Pa. Code § 5404.4 are not violative of due process requirements when an opportunity is provided to demonstrate the circumstances which would warrant abatement or modification. Powell v. Department of Public Welfare, 455 A.2d 1287 (Pa. Cmwlth. 1983).
Failure of a hearing officer to consider the issue of proration of liability for months in which a client is absent from the hospital, as provided in 55 Pa. Code § 5402.2, requires a remand for consideration of that issue. Weiss v. Department of Public Welfare, 465 A.2d 1319 (Pa. Cmwlth. 1983).
Inability to take one’s child on as many home visits and outings as in the past due to a liability assessment does not constitute extraordinary circumstances under 55 Pa. Code § 5405.31. Weiss v. Department of Public Welfare, 465 A.2d 1319 (Pa. Cmwlth. 1983).
