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STRATFORD NURSING & CONVALESCENT CTR. v. D.M.A.H.S.

215 N.J. Super. 479 (1986)

522 A.2d 442

STRATFORD NURSING & CONVALESCENT CENTER, PLAINTIFF-APPELLANT, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1986.

Attorney(s) appearing for the Case

Jonathan D. Weiner argued the cause for appellant (Fox, Rothschild, O'Brien and Frankel, attorneys).

Melissa E. Hager, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Before Judges FURMAN, DREIER and STERN.

The opinion of the court was delivered by FURMAN, P.J.A.D.

Pursuant to N.J.A.C. 10:63-3.10(m)(2), now repealed, appellant nursing home requested respondent Division of Medical Assistance and Health Services (DMAHS) to recognize its 22-year lease obligation in lieu of a capital facilities allowance (CFA) in calculating its Medicaid reimbursement rate for four rate periods extending from January 1, 1978 to June 30, 1981. That request was denied by DMAHS.

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