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MERCY HOSPITAL v. RATE SETTING COMMISSION

381 Mass. 34 (1980)

407 N.E.2d 337

THE MERCY HOSPITAL vs. RATE SETTING COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

June 30, 1980.

Attorney(s) appearing for the Case

Terry Jean Seligmann, Assistant Attorney General, for the defendant.

Ronald B. Schram (R.K. Gad, III, with him) for the plaintiff.

Ernest M. Haddad & Edward J. Dailey for Blue Cross of Massachusetts, Inc., amicus curiae, submitted a brief.

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

KAPLAN, J.

The plaintiff, a hospital in Springfield licensed by the Department of Public Health (Department), applied to the defendant Rate Setting Commission (Commission) on January 5, 1979, for approval of charges for services to be afforded by means of a computed tomography (CT) scanner recently purchased.1 The Commission treated the charges as "new charges," defined by G.L.c. 6A, § 31...

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