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MASS. RESPIRATORY HOSP. v. DEPT. OF PUB. WELFARE

414 Mass. 330 (1993)

607 N.E.2d 1018

MASSACHUSETTS RESPIRATORY HOSPITAL vs. DEPARTMENT OF PUBLIC WELFARE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 17, 1993.

Attorney(s) appearing for the Case

Kenneth A. Behar for the plaintiff.

Steve Berenson, Assistant Attorney General, for the defendants.

Present: WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

WILKINS, J.

The plaintiff hospital, formerly Norfolk County Hospital, is a participating provider of services in the Commonwealth's medical assistance program, commonly known as Medicaid. G.L.c. 118E (1990 ed.). The hospital and the defendant Department of Public Welfare (department) have entered into a provider agreement under which, subject to conditions, the department has agreed to pay the hospital, at rates approved by the Rate Setting Commission, for medically...

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