Massachusetts General Hospital v. Rate Setting Commission

The plaintiff (M.G.H.) seeks declaratory relief (see G. L. c. 30A, § 7, and c. 231A) concerning certain regulations of the Rate Setting Commission (the commission) established under G. L. c. 7, §§ 30K-30P (as appearing in St. 1968, c. 492, § 3). The defendants filed a demurrer, which was sustained on two grounds, viz. (no. 3) that M.G.H. cannot maintain a bill for declaratory relief under c. 30A, § 7, and c. 231A, because its “exclusive remedy is under” G. L. c. 7, § 300; and (no. 4) that M.G.H. has not exhausted its “administrative remedies under” § 300. M.G.H. appealed from the…