University of Pittsburgh v. Department of Public Welfare

616 A.2d 149, 151 Pa. Commw. 65, 1992 Pa. Commw. LEXIS 623
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 30, 1992
DocketNos. 2588 and 2589 C.D. 1991
StatusPublished
Cited by2 cases

This text of 616 A.2d 149 (University of Pittsburgh v. Department of Public Welfare) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
University of Pittsburgh v. Department of Public Welfare, 616 A.2d 149, 151 Pa. Commw. 65, 1992 Pa. Commw. LEXIS 623 (Pa. Ct. App. 1992).

Opinion

LEDERER, Senior Judge.

This court has consolidated these two factually similar cases for the sake of judicial economy.

The cases involve appeals by Petitioner, University of Pittsburgh, Western Psychiatric Institute and Clinic (WPIC) from the orders of:

(1) the Acting Secretary, Department of Public Welfare (DPW) who affirmed the order of the Acting Director of the Office of Hearings and Appeals (OHA) denying reimbursement of medical assistance payments (Medicaid) to WPIC for medical services rendered to patient D.H. from March 2, 1990 through March 7, 1990 (No. 2588 C.D.1991); and

(2) the Acting Director of DPW’s OHA who denied reimbursement of Medicaid to WPIC for medical services rendered to W.D. from May 12, 1990 through May 18, 1990 (No. 2589 C.D.1991).

This court reverses both orders.

I. Facts: D.H.

DPW made the following relevant findings of fact on February 2, 1991 concerning the case of D.H.:

1. The patient, 24 year old [D.H.] was admitted at the [WPIC] facility with her family’s encouragement on Friday March 2, 1990 describing a chronic history of depression with a recent increase in cocaine abuse.
2. The patient was admitted to the [WPIC] facility’s acute psychiatric inpatient care on 3/2/90 and discharged on 3/7/90.
3. The patient demonstrated no manic symptoms, no abnormal behavior, no evidence of self-neglect and was alert and oriented. The patient’s physical exam was within normal limits.
[68]*684. On 3/5/90, the [WPIC] facility submitted its request to the Department’s Office of Medical Assistance for certification of the patient’s hospital admission.
5. After discussion and consultation, the Office of Medical Assistance denied the requested certification on the basis that the admission was not medically necessary.

D.H., R.R. 4a.1

II. Facts: W.D.

The OHA made the following relevant findings of fact on October 28, 1991 concerning the case of W.D.:

1. The patient, 41 year old [W.D.], was admitted to the [WPIC] facility on Saturday, 5/12/90 on a voluntary basis.
2. The patient’s medical history and physical examination described the patient on admission as “patient is a 41 year old, separated, white male, with both a past and present history of IV drug abuse, who presents for the first time to WPIC with numerous effective symptoms, and also in a state of opium withdrawal and symptoms also referable to abstinence from cocaine.... ”
3. On admission and throughout the hospital stay, the patient denied any suicidal or homicidal ideation.
4. On approximately 5/14/90, the [WPIC] facility submitted its request for certification for medical assistance payment for this patient’s hospital admission.
5. On 8/22/90, the OHA denied certifying this admission on the basis that the medical documentation failed to substantiate that inpatient psychiatric hospitalization was medically necessary.

W.D., R.R. 76-77a.

III. DPW and OHA Determinations

On February 20, 1992, DPW determined that WPIC failed to meet its burden of proof that the admission of D.H. to [69]*69WPIC’s inpatient psychiatric care facility was medically necessary. Similarly, on October 28, 1991 the OHA determined that WPIC failed to meet its burden of proof that the admission of W.D. to WPIC’s inpatient psychiatric care facility was medically necessary.

Based on the notes provided by the physicians at WPIC, DPW and the OHA reasoned that D.H. and W.D., respectively, did not need psychiatric care but only needed drug detoxification care. DPW and OHA also rejected WPIC’s contention that all patients with drug/alcohol and psychiatric symptoms are appropriate and compensable candidates for inpatient psychiatric hospital care.

Accordingly, DPW and OHA concluded that WPIC was not eligible for reimbursement of Medicaid payments by DPW pursuant to 55 Pa.Code § 1151.48. Under Section 1151.48, Medicaid payment is not made to a private psychiatric hospital for hospital care of a condition which does not require psychiatric help. DPW and OHA determined, respectively, that D.H.s’ and W.D.’s conditions were not psychiatric in nature and therefore non-compensable in accordance with Sections 1151.48(a)(9) and 1151.48(a)(10).2

IV. Discussion

The sole issue presented for review in these cases is whether DPW and OHA erred in concluding that patients D.H. and W.D. needed only drug detoxification medical services and not psychiatric care services, thereby making WPIC’s services non-reimburseable by Medicaid.3

[70]*70Initially, no party disputes that WPIC is a private psychiatric hospital affiliated with the University of Pittsburgh which is entitled to Medicaid from DPW when WPIC provides “acute psychiatric services” to medical assistance patients pursuant to 55 Pa.Code § 1151.62.4 Further, no party disputes that D.H. and W.D. are medical assistance patients eligible for Medicaid payment.

WPIC contends that at the time of D.H.’s and W.D.’s evaluations, both patients manifested symptoms reflective of both a psychiatric and drug substance abuse diagnosis, and therefore, WPIC is entitled to reimbursement for such services pursuant to DPWs own regulations and directives. This court notes that 55 Pa.Code § 1151.62 entitles private psychiatric hospitals such as WPIC to Medicaid payments from DPW providing that the medical services rendered were “acute psychiatric services.”5 Section 1151.62 does not discuss whether psychiatric hospitals are entitled to Medicaid if the services rendered are both psychiatric and drug/alcohol detoxification treatments in nature.

WPIC specifically introduced into evidence a letter dated September 29, 1986 written by Gerald Radke, a high ranking [71]*71official of DPW, which stated that under DPW’s own Medical Assistance Bulletin 13-85-04:

[F]or cases with both a drug or alcohol detoxification diagnosis and a psychiatric diagnosis, reimbursement will be made regardless of which diagnosis is the primary diagnosis.

D.H., R.R. 32a.

Therefore, DPW’s own Bulletin mandates reimbursement for medical assistance patients admitted to a private psychiatric hospital with both a drug/alcohol and psychiatric diagnosis.

DPW did not dispute the contents of Gerald Radke’s letter concerning the Medical Assistance Bulletin 13-85-04 in their submitted briefs. Thus, this court concludes that if D.H. and W.D. did indeed require both drug/alcohol and psychiatric treatment, then WPIC would be entitled to medical reimbursement under the DPW Medical Assistance Bulletin 13-85-04 directives.

While WPIC specifically contends that D.H. and W.D. required both drug detoxification and psychiatric care treatment, DPW and OHA specifically contend that D.H. and W.D. needed only drug detoxification care.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mulberry Square Elder Care & Rehab. Ctr. v. Dep't of Human Servs.
191 A.3d 952 (Commonwealth Court of Pennsylvania, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
616 A.2d 149, 151 Pa. Commw. 65, 1992 Pa. Commw. LEXIS 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/university-of-pittsburgh-v-department-of-public-welfare-pacommwct-1992.