New Hampshire Division of Human Services v. Allard

Defendant Ralph R. Allard appeals the Superior Court’s (McGuire, J.) ruling which granted summary judgment to the plaintiff, the New Hampshire Division of Human Services, while denying Allard’s cross-motion for summary judgment. The trial court ruled that the plaintiff was entitled to recapture Medicaid depreciation payments made to defendant Mammoth Nursing Home, Inc. (Mammoth) between 1976 and 1985. We affirm.

From 1971 to 1985, Allard, along with his wife and sister-in-law, owned and operated Mammoth, a fifty-five bed nursing home in Manchester. In 1976, Mammoth became a full-time Medicaid…