STATE EX REL. MONTRIE NURSING HOME, INC. v. AGGREY

No. 77-1018.

54 Ohio St. 2d 394 (1978)

THE STATE, EX REL. MONTRIE NURSING HOME, INC., ET AL., APPELLANTS, v. AGGREY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 21, 1978.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman, Mr. Rankin M. Gibson and Mr. W. Joseph Strapp, for appellants.

Mr. William J. Brown, attorney general, Mr. William J. Anderson, Mr. Patrick V. Kerrigan and Mr. George E. Lord, for appellees.


Per Curiam.

Federal Medicaid regulations require that participating states must enter into written contracts with participating nursing homes. Section 249.82(c)(1), Title 45, Code of Federal Regulations. The Court of Appeals below held that mandamus would not lie because the relators could sue on their contracts in the Court of Claims for amounts due.

In this case, however, payment was being made by O.D.P.W. in accordance with administratively established...

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