Canonsburg General Hospital v. Department Health Commonwealth Pennsylvania and H. Arnold Muller

This is an appeal from an order of the Commonwealth Court granting appellee Canonsburg General Hospital a writ of peremptory mandamus directing appellants, the Commonwealths Department of Health and its Secretary, to certify that Canonsburg Generals proposal to build a new hospital conforms to standards for federal financial assistance under section 1122 of the Social Security Act, 42 U.S.C. § 1320a-1. We agree with appellants that Canonsburg General has failed to exhaust available administrative remedies and that judicial relief is thus not proper. Hence we reverse the order of the Commonwealth Court, 51 Pa. Commw. 142, 413 A.2d 1185, and dismiss the petition.