BROCKTON HOSPITAL v. RATE SETTING COMMISSION


376 Mass. 569 (1978)

382 N.E.2d 1035

BROCKTON HOSPITAL vs. RATE SETTING COMMISSION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

November 8, 1978.


Attorney(s) appearing for the Case

Colette Manoil for the Brockton Hospital.

Jeffrey Swope for Blue Cross of Massachusetts, Inc.

Carl Valvo, Assistant Attorney General, for the Rate Setting Commission.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, & LIACOS, JJ.


BRAUCHER, J.

In 1972 the Brockton Hospital (hospital) received a cost rebate, called a nursing salary cost differential (NSD), from the Federal government on account of services rendered to Medicare patients in 1969, 1970, and 1971. The Rate Setting Commission (commission) ruled that Blue Cross, which reimburses the hospital on a cost basis, was entitled to share in the rebate. In an appeal pursuant to G.L.c. 176A, § 5, the hospital seeks review of that ruling...

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