Norfolk County Hospital v. Commonwealth

Pursuant to G. L. c. 231, § 118, second par., the plaintiffs appeal from an order denying their application for a preliminary injunction seeking to prevent the defendants from *587enforcing various regulations which allow for reduced reimbursements under the Medicaid program to providers of chronic care and rehabilitation services where it has been determined that the required medical treatment could have been delivered at a lower-level health care facility. Applying the test set out in Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 617 (1980), we affirm.

I. Background.

Under the Medicaid…