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HOODKROFT CONVALESCENT CTR. v. STATE OF N.H., DHS

No. 89-1083.

879 F.2d 968 (1989)

HOODKROFT CONVALESCENT CENTER, INC., et al., Plaintiffs, Appellants, v. STATE OF NEW HAMPSHIRE, DIVISION OF HUMAN SERVICES, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 14, 1989.

Attorney(s) appearing for the Case

E. Donald Dufresne with whom Amy L. Ignatius and Devine, Millimet, Stahl & Branch Professional Ass'n were on brief for plaintiffs, appellants.

Gretchen Leah Witt, Asst. U.S. Atty., with whom Peter E. Papps, Acting U.S. Atty., was on brief for defendant, appellee Dr. Otis R. Bowen, M.D., Secretary of the Dept. of Health and Human Services.

Susan S. Geiger, Asst. Atty. Gen., Civ. Bureau, with whom John P. Arnold, Atty. Gen., was on brief for defendant, appellee State of N.H., Div. of Human Services.

Before BOWNES and BREYER, Circuit Judges, and GRAY, Senior District Judge.

BREYER, Circuit Judge.

I.

Background

The federal Medicaid program provides money for the states to pay for medical care for needy and disabled people. See Title XIX of the Social Security Act, 42 U.S.C. § 1396. A state receiving federal Medicaid funds must administer them according to a "state plan" that meets federal standards. 42 U.S.C. § 1396a. Under the plan, the state will reimburse nursing homes and other Medicaid facilities...

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