LD & MD, Inc. v. State

Plaintiff owned the Pleasant Manor Nursing Home in Rutland, which participated in the Vermont Medicaid program and received Medicaid funds for providing nursing home care to eligible individuals. Plaintiff sold its nursing home business, and in connection with the sale the Division of Rate Setting of the Agency of Human Services (Division) demanded payment of $188,972 out of the proceeds, representing “recaptured depreciation.” Plaintiff paid this amount under protest and then sued the State to recover the sum paid. The superior court entered summary judgment for the State on grounds that the…