ADDISON GILBERT HOSPITAL v. RATE SETTING COMMISSION


390 Mass. 17 (1983)

453 N.E.2d 424

ADDISON GILBERT HOSPITAL & others vs. RATE SETTING COMMISSION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 23, 1983.


Attorney(s) appearing for the Case

William L. Pardee, Assistant Attorney General, for the defendants.

Mitchell H. Kaplan (Mark A. Borreliz & James H. Wexler with him) for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.


ABRAMS, J.

The plaintiffs, twenty-six nonprofit hospitals located throughout the Commonwealth, brought this action to challenge the validity of a regulation promulgated by the Rate Setting Commission. 114.1 Code Mass. Regs. § 3.06 (1981). The contested regulation establishes a fixed reimbursement rate for each "administratively necessary day," see note 6, infra, spent by a Medicaid patient in a hospital in the Commonwealth. A Superior Court judge entered...

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