The Department of Public Welfare can’t retroactively deny a hospice medical assistance benefits for treating patients who did not decline in health, the Commonwealth Court has ruled.
On Dec. 9, a three-judge panel of the court ruled unanimously in two cases, both captioned Bethany Hospice Services of Western Pennsylvania v. Department of Public Welfare, concluding that the DPW had denied the benefits based on the unsupported requirement that patients must show a decline in health to receive the benefits. The decisions reverse the holdings of administrative law judges, which recommended that the DPW’s Bureau of Hearings and Appeals deny the hospice’s appeals.
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