Beth Israel Hospital Ass'n v. Rate Setting Commission

At issue in this appeal is the authority of the Division of Administrative Law Appeals (division) to hear and decide an appeal by Beth Israel Hospital (hospital) from the rates of reimbursement for Medicaid patients set for the fiscal year 1980 by the Rate Setting Commission (commission). 2 See G. L. c. 6A, §§ 32 and 36; G. L. c. 30A, § 14. A judge of the Superior Court, at the request of the parties, reported the case without decision to this court. See Mass.R.Civ.P. 64, 365 Mass. 831-832 (1974).

Background.

In November, 1979, the commission assigned a prospective per diem rate of $341.03 to…