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PERSEUS OF N.E., MA, INC. v. COMMONWEALTH

429 Mass. 163 (1999)

PERSEUS OF N.E., MA, INC. v. COMMONWEALTH & another.

Supreme Judicial Court of Massachusetts, Middlesex.

March 5, 1999.

Attorney(s) appearing for the Case

Janet Steckel Lundberg (Richard M. Bluestein with her) for the plaintiff.

Deborah I. Ecker, Assistant Attorney General, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

ABRAMS, J.

On December 31, 1996, Middlesex County (county) sold Middlesex County Hospital (hospital) to Perseus of N.E., MA, Inc. (Perseus), for $3.9 million. After the sale, the Division of Medical Assistance (division) demanded payment from Perseus for Medicaid overpayments made to the hospital for services rendered during the county's ownership. The issue is whether the county must indemnify Perseus for that liability.

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