State ex rel. Montrie Nursing Home, Inc. v. Aggrey

Federal Medicaid regulations require that participating states must enter into written contracts wih participating nursing homes. Section 249.82(c)(1), Title 45, Code of Federal Regulations. The Court of Appeals below held that mandamus would not lie because the relators could sue on their contracts in the Court of Claims for amounts due.

In this case, however, payment was being made by O.D.P.W. in accordance with administratively established policies not in compliance with legislative enactment, i. e., Am. Sub. H. B. No. 155. Payments were not determined by contract. The director may not…