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C.A.N. ENTERPRISES, INC. v. S.C. HEALTH & HUMAN SERV. FINANCE COMM'N

22911

296 S.C. 373 (1988)

373 S.E.2d 584

C. A.N. ENTERPRISES, INC., d/b/a Oakmont Nursing Centers, (North, East and West), Respondent v. SOUTH CAROLINA HEALTH AND HUMAN SERVICES FINANCE COMMISSION, as Successor in Interest to the South Carolina Department of Social Services, Petitioner.

Supreme Court of South Carolina.

Decided October 24, 1988.

Attorney(s) appearing for the Case

Richard Mark Gergel and W. Allen Nickles, III, Gergel, Burnette & Nickles, Columbia, for petitioner.

David M. Rogers of Carter, Smith, Merriam, Rogers & Traxler, Greer, for respondent.

Heard May 16, 1988.

Decided October 24, 1988.

TOAL, Justice:

This case involves an interpretation of a contract entered into between the South Carolina Health and Human Services Finance Commission (State)1 and Oakmont Nursing Centers (Oakmont). The question for review is whether or not Oakmont, a for profit nursing home, may retain alleged overpayments of Medicaid funds received by it from the State by reason of the State...

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