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MEDFORD CONVALES. AND NURSING CENTER v. DIV. OF MEDICAL ASSIST.

218 N.J. Super. 1 (1985)

526 A.2d 1087

MEDFORD CONVALESCENT AND NURSING CENTER, PETITIONER-APPELLANT, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 1985.

Attorney(s) appearing for the Case

Joseph M. Gorrell argued the cause for appellant (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Burton L. Eichler, of counsel; Burton L. Eichler and Joseph M. Gorrell, on the brief).

Emerald L. Erickson, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Emerald L. Erickson, on the brief).

Before Judges KING, DEIGHAN and BILDER.

PER CURIAM.

Petitioner, Medford Convalescent and Nursing Center, appeals from a final order of the Division of Medical Assistance and Health Services (Division) denying it the use of the Medicare rate of return to calculate the building component of the Capital Facility Allowance cost center. The Division contends that the applicable regulation, N.J.A.C. 10:63-3.10, provides for a rate of return of 150% of petitioner's actual state authority mortgage. Petitioner...

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