MASSACHUSETTS GENERAL HOSPITAL v. RATE SETTING COMM.


371 Mass. 705 (1977)

359 N.E.2d 41

MASSACHUSETTS GENERAL HOSPITAL vs. RATE SETTING COMMISSION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 12, 1977.


Attorney(s) appearing for the Case

Albert G. Tierney, Jr. (Francis X. Flaherty, Jr., with him) for the plaintiff.

Mitchell J. Sikora, Jr., Assistant Attorney General, for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, & WILKINS, JJ.


KAPLAN, J.

The plaintiff Massachusetts General Hospital (hospital) sought a declaration that a certain "information bulletin" of the defendant Rate Setting Commission (commission), purporting to elucidate one of the commission's regulations, was in fact itself a "regulation," and invalid for failure of the commission to afford notice and hearing prior to promulgation, as required for the effective adoption of an agency regulation by the State

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