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DANVERS PATHOLOGY ASSOCIATES, INC. v. ATKINS

No. 84-1675.

757 F.2d 427 (1985)

DANVERS PATHOLOGY ASSOCIATES, INC., et al., Plaintiffs, Appellees, v. Charles ATKINS, Commissioner, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 19, 1985.

Attorney(s) appearing for the Case

Ellen J. Janos, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief for defendants, appellants.

Barbara L. Moore, Boston, Mass., with whom Cooley, Manion, Moore & Jones, P.C., Boston, Mass., was on brief for plaintiffs, appellees.

Before COFFIN and BREYER, Circuit Judges, and MALETZ, Senior Judge.

BREYER, Circuit Judge.

The issue in this case is whether a provision of the federal Medicaid statute, 42 U.S.C. § 1396a(a)(32), requires a state to furnish Medicaid payments directly to a financially independent pathology laboratory, instead of paying the hospital in which the laboratory is physically located. The statute says that the state cannot pay "anyone other than ... [the] individual or the person or institution...

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