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TINKHAM v. DEPARTMENT OF PUBLIC WELFARE

11 Mass. App. Ct. 505 (1981)

417 N.E.2d 452

MILDRED E. TINKHAM, conservatrix, vs. DEPARTMENT OF PUBLIC WELFARE & another.

Appeals Court of Massachusetts, Suffolk.

February 27, 1981.

Attorney(s) appearing for the Case

Mary Ellen McCarthy (Suzanne Harris with her) for the plaintiff.

Gerald J. Caruso, Assistant Attorney General, for the defendants.

Present: PERRETTA, DREBEN, & NOLAN, JJ.

DREBEN, J.

The issue before us is whether the Department of Public Welfare (DPW) is required to discard a method of calculating "the costs ... incurred for medical care" under 42 U.S.C. § 1396a (a)(17) (1976), which was authorized by a 1974 directive of the Department of Health and Human Services2 (HHS), and adopt a more costly procedure prescribed by a 1976 directive of HHS.

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