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AMHERST NURSING HOME, INC. v. COMMONWEALTH

16 Mass. App. Ct. 638 (1983)

454 N.E.2d 498

AMHERST NURSING HOME, INC. vs. COMMONWEALTH.

Appeals Court of Massachusetts, Hampshire.

September 26, 1983.

Attorney(s) appearing for the Case

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

Paul T. Ford for the plaintiff.

Present: GREANEY, KASS, & WARNER, JJ.

WARNER, J.

At issue is the application of a regulation (106 Code Mass. Regs. § 456.703[E] [1979]) of the Department of Public Welfare (DPW) which, in certain circumstances, allows DPW to recoup overpayments to nursing homes for the care of patients eligible for public assistance. The regulation provides: "If two or more facilities are, or were, under common ownership, and if one or more of the facilities is owed money by the Commonwealth, the Department may offset...

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