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CLIFF HOUSE NURSING HOME v. RATE SETTING COMM.

16 Mass. App. Ct. 300 (1983)

450 N.E.2d 1135

CLIFF HOUSE NURSING HOME, INC. vs. RATE SETTING COMMISSION & another.

Appeals Court of Massachusetts, Suffolk.

July 5, 1983.

Attorney(s) appearing for the Case

John O. Mirick for the plaintiff.

Ellen L. Janos, Assistant Attorney General, for Rate Setting Commission.

Present: GRANT, CUTTER, & KASS, JJ.

KASS, J.

At the heart of these proceedings, which began in 1974, is the question whether, on the facts presented, the Rate Setting Commission (RSC) for purposes of establishing the rate of payment to Cliff House Nursing Home, Inc. (Cliff House), as a provider of health care services, may disregard the rent paid by Cliff House and may substitute the fixed costs of the lessor (real estate taxes, interest, and building depreciation).

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