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BEL AIR ASSOCIATES v. NEW HAMPSHIRE DHHS

No. 2008-051.

960 A.2d 707 (2008)

BEL AIR ASSOCIATES v. NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES.

Supreme Court of New Hampshire.

Opinion Issued: November 20, 2008.

Attorney(s) appearing for the Case

Devine, Millimet & Branch, P.A., of Manchester (Thomas Quarles and Shelagh C.N. Michaud, on the brief, and Mr. Quarles orally), for the petitioner.

Kelly A. Ayotte, attorney general (Laura E.B. Lombardi, assistant attorney general, on the brief and orally), for the respondent.

BRODERICK, C.J.

The petitioner, Bel Air Associates, appeals an order of the Superior Court (Conboy, J.) that the Medicaid provider agreement between it and the respondent, the New Hampshire Department of Health and Human Services (DHHS), does not constitute a contract. We reverse and remand.

Bel Air Associates (Bel Air) operates a state-licensed nursing home in Goffstown, providing care to Medicaid-eligible individuals. Medicaid is a joint federal-state...

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