Notes of Decisions
License Denial
The Department erred in denying two intermediate care facility licenses based upon the ‘‘preference’’ of the Department for small, integrated facilities over larger ones. The Commonwealth adopted the relevant Federal regulations in their entirety. Those regulations contain no statement of preference for smaller, homelike facilities. Since the Department’s preference is not a published or promulgated regulation, the application was improperly denied. Woods Services, Inc. v. Department of Public Welfare, 803 A.2d 260 (Pa. Cmwlth. 2002); appeal granted 819 A.2d 549 (Pa. 2003); and affirmed 839 A.2d 184 (Pa. 2003).
Cross References
This section cited in 55 Pa. Code § 6600.4 (relating to medication administration and training—statement of policy).
