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MURPHY NURSING HOME, INC. v. RATE SETTING COMMISSION

364 Mass. 454 (1973)

305 N.E.2d 837

MURPHY NURSING HOME, INC., & others vs. RATE SETTING COMMISSION & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

December 27, 1973.

Attorney(s) appearing for the Case

Evan Y. Semerjian for Murphy Nursing Home, Inc., & others.

David L. Whitney for Daniels Nursing Home, Inc., & others.

Timothy F. O'Leary, Special Assistant Attorney General, for the Rate Setting Commission.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

BRAUCHER, J.

These cases, brought by a number of nursing homes, call for judicial review of the rules and regulations (the 1969 Regulations) established by the Rate Setting Commission (commission) on June 25, 1969, to govern the reimbursement of nursing homes for the care of publicly aided patients. The plaintiffs also challenge the constitutionality of the legislative "rate freeze" provided for in St. 1969, c. 800, § 6. We hold that the 1969 Regulations constitute...

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