Del Borrello v. Department. of Public Welfare

In Del Borrello v. Department. of Public Welfare, 96 Pa. Commw. 507, 508 A.2d 368 (Pa. Cmwlth. 1986), the Court rejected a claim that a mandate to preserve medical records to a "required standard" was unconstitutionally vague because there were no uniform professional standards of medical record keeping. Instead, the Court held that the regulation adequately set forth a sufficient standard for the maintenance of medical records, and a medical provider was charged with knowledge of DPW regulations. At footnote 4 in Del Borrello, the Court noted that "a similar DPW regulation currently providing for restitution is found at 55 Pa. Code 1101.83. DPW is also empowered to compel restitution where the medical provider has failed to follow the proper methods of documentation and the treatments 'are of little or no benefit to the recipient, are below the accepted medical treatment standards, or are unneeded by the recipient.'" Section 1407(a)(6) of the Public Welfare Code (Act), Act of June 13, 1967, P.L. 31, added by, Act of July 10, 1980, P.L. 493, as amended, 62 P.S. 1407(a)(6).