Nursing home sues state official, alleging violation of Medicaid laws

By Robert Hadley | Feb 29, 2016

PHILADELPHIA – A Pennsylvania nursing home is suing state Department of Human Services Secretary Theodore Dallas, alleging he violated federal and state Medicaid laws.

Colonial Park Care Center LLC, doing business as Colonial Park Care Center, filed a lawsuit Feb. 19 in U.S. District Court for the Middle District of Pennsylvania against Theodore Dallas, in his official capacity as secretary of the Pennsylvania Department of Human Services, alleging violations of Medicaid laws.


According to the complaint, one of Colonial Park’s residents, John Matjasic, requested a hardship exemption allowing him to afford long-term care through Colonial Park, paid for by Medicaid. The suit says Dallas’ interpretation of the laws and regulations caused him to unlawfully deny the exemption, placing an undue burden on Matjasic, who is insolvent and unable to live without assistance.


Colonial Park seeks the court’s determination of whether the defendant violated Medicaid and disability laws by denying Matjasic’s exemption, and whether he should be required to approve it. It is represented by attorney Chadwick O. Bogar of Schutjer Bogar in Harrisburg.

U.S. District Court for the Eastern District Case number 1:16-cv-00302-CCC

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Pennsylvania Department of Human Services U.S. Department of Health and Human Services U.S. District Court for the Western District of Pennsylvania Pittsburgh Division

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