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STATE OF N. J. v. DEPT. OF HEALTH & HUMAN SERVICES

No. 81-1175.

670 F.2d 1300 (1982)

STATE OF NEW JERSEY, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Third Circuit.

Decided February 11, 1982.

Attorney(s) appearing for the Case

James R. Zazzali, Atty. Gen., N. J., Trenton, N. J., for petitioner; Erminie L. Conley, Asst. Atty. Gen., Trenton, N. J., of counsel; Robert J. Haney, Deputy Atty. Gen. (argued), Trenton, N. J., on brief.

Nancy M. P. King (argued), Dept. of Health and Human Services, Baltimore, Md., for respondent; Jeffrey Golland, Dept. of Health and Human Services, Washington, D. C., of counsel.

Before ADAMS, ROSENN and SLOVITER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

New Jersey petitions for review of a decision by the Grant Appeals Board of the Department of Health and Human Services (HHS) disallowing reimbursement to the State under the Medicaid program for medical services provided by a nursing home that, according to the Department, had been improperly certified. Because we conclude that the controlling legislation does not authorize direct review by a court of appeals of...

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