N.H. DIV. OF HUMAN SERVICES v. ALLARD

No. 93-054.

138 N.H. 604 (1994)

NEW HAMPSHIRE DIVISION OF HUMAN SERVICES v. RALPH P. ALLARD & a.

Supreme Court of New Hampshire.

June 30, 1994.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (William C. McCallum, assistant attorney general, on the brief and orally), for the plaintiff.

Sakellarios & Associates, of Manchester (Jean-Claude Sakellarios on the brief and orally), for defendant Ralph P. Allard.

Sulloway & Hollis, of Concord (Eleanor H. MacLellan and Douglas D. Byrd on the brief), by brief for defendant Mammoth Nursing Home, Inc.


HORTON, J.

The plaintiff, New Hampshire Division of Human Services (division), appeals from an order of the Superior Court (Hampsey, J.) dismissing, on statute of limitations grounds, its action for repayment of Medicaid funds received by the defendant nursing home. The plaintiff argues that its cause of action for depreciation recapture did not accrue at the time the nursing home was sold, and that even if it did...

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