Legal Opinion
Amherst Nursing Home, Inc. v. Commonwealth
Massachusetts Appeals Court
Decided September 26, 1983PublishedCited by 7 opinions
1Opinion of the CourtWarner, J.
At issue is the application of a regulation (106 Code Mass. Regs. § 456.703[E] [1979]) of the Department of Public Welfare (DPW) which, in certain circumstances, allows DPW to recoup overpayments to nursing homes for the care of patients eligible for public assistance. The regulation provides: “If two or more facilities are, or were, under common ownership, and if one or more of the facilities is owed money by the Commonwealth, the Department may offset the provider’s liability to the Department against the Department’s liability to the provider.”
We summarize the facts from the statement of…
2Cases cited13 opinions
- ASARCO Inc. v. Idaho State Tax CommissionSupreme Court of the United States · 1982
- United States v. Anthony J. Pisani, M.D.Court of Appeals for the Third Circuit · 1981
- Finkelstein v. Board of Registration in OptometryMassachusetts Supreme Judicial Court · 1976
- Haverhill Manor, Inc. v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1975
- Rock v. Massachusetts Commission Against DiscriminationMassachusetts Supreme Judicial Court · 1981
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Warcewicz v. Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 1991
- Young v. PatukonisMassachusetts Appeals Court · 1987
- Hellman v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 1989
- Salaam v. Commissioner of Transitional AssistanceMassachusetts Appeals Court · 1997
- Amherst Nursing Home, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1986
2 more not listed; retrieve them via the Exa API.