The Commonwealth of Massachusetts, by Its Department of Public Welfare v. Secretary of Health and Human Services
Court of Appeals for the First Circuit
1Opinion of the Court
LEVIN H. CAMPBELL, Chief Judge.
This appeal involves a dispute between Massachusetts and the Secretary of Health and Human Services (“the Secretary”) over Massachusetts’ right to be federally reimbursed for certain unrecovered advances to nursing homes. Procedural aspects of the dispute were previously before us in Massachusetts v. Departmental Grant Appeals Board, 698 F.2d 22 (1st Cir.1983). We held there that 42 U.S.C. § 1316(a)(3) did not authorize direct review by a court of appeals of the challenged decision of the Secretary’s Departmental Grant Appeals Board. The instant proceeding was…
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