Harr-Wood Nursing Home, Inc. v. Perales

OPINION OF THE COURT

Yesawich, Jr., J.

Petitioner is a 120-bed skilled nursing facility in Oswego County. In the rate years involved, 1976 through 1979, the facility participated in both the Federal Medicare program and the joint Federal-State Medical Assistance program (Medi*537caid). The Medicaid program is a payor of last resort. As such, it pays facilities like petitioner the balance of the cost of medical care furnished eligible Medicaid recipients only after all nonexempt resources have been exhausted. Medicare benefits are not exempt resources, indeed persons eligible for Medicaid must apply…