Legal Opinion

Sea View Retreat, Inc. v. Sec'y of the Exec. Office of Health & Human Servs.

Massachusetts Appeals Court

Decided July 6, 2018No. 17-P-552Published

1Opinion of the Court

Sea View Retreat, Inc. (Sea View), appeals from so much of a judgment of the Superior Court as denied its request for reimbursement from the Commonwealth of user fees associated with the operation of its nursing home facility. Sea View contends that (1) the administrative magistrate of the Division of Administrative Law Appeals (DALA) acted in a manner contrary to an express statutory mandate; and (2) Sea View was not required to appeal the user fee assessments to DALA within sixty days, in compliance with G. L. c. 118G, § 25(e ).2 We affirm.

Background. Sea View is a nursing home facility…

2Cases cited7 opinions

  1. Ciszewski v. Industrial Accident BoardMassachusetts Supreme Judicial Court · 1975
  2. Rosenfeld v. Board of Health of ChilmarkMassachusetts Appeals Court · 1989
  3. Daley v. Secretary of the Executive Office of Health and Human ServicesMassachusetts Supreme Judicial Court · 2017
  4. Athol Memorial Hospital v. Commissioner of the Division of Medical AssistanceMassachusetts Supreme Judicial Court · 2002
  5. New England Milk Dealers Association, Inc. v. Department of Food & AgricultureMassachusetts Appeals Court · 1986

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