Massachusetts State Pharmaceutical Ass'n v. Rate Setting Commission
Massachusetts Supreme Judicial Court
1Opinion of the CourtWilkins, J.
We have before us two appeals arising from challenges, on both procedural and substantive grounds, to a Statewide dispensing fee for pharmacies that provide prescription drugs to persons eligible for benefits under Medicaid. The fee was set forth in a regulation (114.3 Code Mass. Regs. 31.00) issued on September 6, 1978, by the defendant Rate Setting Commission (commission). See G. L. c. 6A, § 32, third par. The plaintiff pharmacies and pharmacists and the Massachusetts State Pharmaceutical Associ*124ation (association) claim that the regulation, fixing a single dispensing fee of $2.70, was not…
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