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STATE v. STATE HEALTH PLAN. & DEVELOP. BUREAU

Nos. 7914, 7933.

701 P.2d 390 (1985)

102 N.M. 791

STATE of New Mexico ex rel. PILOT DEVELOPMENT NORTHWEST, INC., Petitioner-Appellee, v. STATE of New Mexico HEALTH PLANNING & DEVELOPMENT BUREAU, and Kirby D. Monroe, Chief of State Health Planning & Development Bureau, Respondent-Appellee, and [PG} Americare Southwest, Inc., Intervenor-Appellant. AMERICARE SOUTHWEST, INC., Appellant, v. STATE HEALTH PLANNING AND DEVELOPMENT BUREAU and Pilot Development Northwest, Inc., Appellees.

Court of Appeals of New Mexico.

May 9, 1985.

Attorney(s) appearing for the Case

Earl R. Norris, Oldaker & Oldaker, Albuquerque, for appellant, Americare Southwest, Inc.

Diane Fisher, Edward Ricco, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for appellee Pilot Development Northwest, Inc.

Paul G. Bardacke, Atty. Gen., William G. Walker, Gen. Counsel of Health & Environment Dept., Jerry Dickinson, Sp. Asst. Atty. Gen., Santa Fe, for appellee State Health Planning & Development Bureau.

OPINION

WOOD, Judge.

Section 1122 of the Social Security Act, 42 U.S.C.S. Section 1320a-1 (Law.Coop. 1973 & Supp. 1984), provides a limitation on federal reimbursement of capital expenditures for health care facilities. The purpose of the statute is to assure that funding for specified programs under the Social Security Act is "not used to support unnecessary capital expenditures made by or on behalf of health care facilities which are reimbursed" by...

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