Legal Opinion
Tinkham v. Department of Public Welfare
Massachusetts Appeals Court
Decided February 27, 1981PublishedCited by 9 opinions
1Opinion of the CourtDreben, J.
The issue before us is whether the Department of Public Welfare (DPW) is required to discard a method of calculating “the costs . . . incurred for medical care” under 42 U.S.C. § 1396a (a)(17) (1976), which was authorized by a 1974 directive of the Department of Health and Human Services2 (HHS), and adopt a *506more costly procedure prescribed by a 1976 directive of HHS.
In this action for declaratory and injunctive relief and also for review, under G. L. c. 30A, § 14, of a decision of the DPW denying the plaintiff’s eligibility for Medicaid payments, the trial judge upheld the DPW and refused to…
2Cases cited18 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Harris v. McRaeSupreme Court of the United States · 1980
- Morton v. RuizSupreme Court of the United States · 1974
- General Electric Co. v. GilbertSupreme Court of the United States · 1976
- Ignacio F. Lewis-Mota v. The Secretary of LaborCourt of Appeals for the Second Circuit · 1972
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Haley v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1985
- Town of Northbridge v. Town of Natick Department of Social ServicesMassachusetts Supreme Judicial Court · 1985
- Board of Education v. School CommitteeMassachusetts Appeals Court · 1983
- Swanson v. Department of Health & Social ServicesCourt of Appeals of Wisconsin · 1981
- Trust Insurance v. Commonwealth Automobile ReinsurersMassachusetts Appeals Court · 1999
4 more not listed; retrieve them via the Exa API.