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NEWFIELD HOUSE, INC. v. MASS. DEPT. OF PUBLIC WELFARE

Nos. 80-1541, 80-1554.

651 F.2d 32 (1981)

NEWFIELD HOUSE, INC., Plaintiff-Appellant, v. MASSACHUSETTS DEPARTMENT OF PUBLIC WELFARE et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided June 4, 1981.

As Modified on Denial of Rehearing and Rehearing July 13, 1981.

Attorney(s) appearing for the Case

Kenneth A. Behar, Boston, Mass., with whom Barbara J. Sproat, John F. O'Leary, and O'Leary, Behar & Kalman, Boston, Mass., were on brief, for Newfield House, Inc.

Judith S. Yogman, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Garrick F. Cole, Sp. Asst. Atty. Gen., and Hill & Barlow, Boston, Mass., were on brief, for Massachusetts Department of Public Welfare, et al.

Carolyn S. Grace, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief for Secretary of Health and Human Services.

Before COFFIN, Chief Judge, WINTER, Circuit Judge, SKINNER, District Judge.

As Modified on Denial of Rehearing and Rehearing En Banc July 13, 1981.

COFFIN, Chief Judge.

This case requires us to determine the proper allocation of the costs of health care for Medicaid-funded residents of a nursing home in the period between the home's voluntary withdrawal from participation as a Medicaid provider and the successful relocation of the patients to other facilities. The question, clearly one for which none of the parties had planned, was...

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