a certificate, DPW ordered it to cease and desist operating the day care center. St. Elizabeth’s appealed to DPW’s Bureau of Hearings and Appeals, arguing DPW lacked statutory authority to promulgate regulations requiring certification of nonprofit child day care centers. St. Elizabeth’s also raised constitutional concerns regarding the regulations’ impact on religious liberty. An administrative law judge (ALJ) explained Article IX of the Public Welfare Code, 62 P.S. §§ 901-922, grants DPW supervision over “all children’s institutions within this Commonwealth,” including nonprofit child day care centers like St. Elizabeth’s. Id., § 902(3). This supervisory power has been construed broadly. See Hospital Association of Pennsylvania v. MacLeod, 487 Pa. 516, 410 A.2d 731, 734-35 (1980) (<HOLDING>). Further, the ALJ determined § 911’s primary
holding that removal of suit against physicians employed by a federally funded community health center to federal court by the defendants on the ground that they were covered under the public health service act was improper as the department of health and human services had not yet made a determination whether defendants should be deemed to be employees holding  902 authorized department of health to regulate hospitals managerial practices holding that states may regulate all professions concerned with health holding that department of health rules do not require agreement between two successive results recognizing the 48hour standard as a department of health regulation