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HUTCHISON NURSING HOME, INC. v. BURNS

No. 2-57121.

236 N.W.2d 312 (1975)

HUTCHISON NURSING HOME, INC., et al., Appellees, v. Kevin BURNS, Acting Commissioner of State of Iowa, Department of Social Services, and State of Iowa Department of Social Services, Appellants.

Supreme Court of Iowa.

December 17, 1975.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and Lorna Lawhead Williams, Asst. Atty. Gen., for appellants.

F. Richard Lyford of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellees.

Heard by MOORE, C. J., and LeGRAND, REES, REYNOLDSON and McCORMICK, JJ.

McCORMICK, Justice.

This appeal involves Iowa's medical assistance program for the needy, "Medicaid", established in chapter 249A, The Code. Plaintiff nursing homes brought a certiorari action in district court challenging a decision of defendant commissioner that the department of social services had a right to recapture portions of depreciation taken by the nursing homes when they participated in the Medicaid program. The trial court sustained the writ. We affirm...

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