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CROFTON CONVALESCENT v. DEPT. OF HEALTH

No. 32 September Term, 2008.

991 A.2d 1257 (2010)

413 Md. 201

CROFTON CONVALESCENT CENTER, INC. v. DEPARTMENT OF HEALTH & MENTAL HYGIENE, NURSING HOME APPEAL BOARD.

Court of Appeals of Maryland.

April 8, 2010.

Attorney(s) appearing for the Case

Howard L. Sollins (Diane Festino Schmitt of Ober, Kaler, Grimes & Shriver, Baltimore, MD), on brief, for Petitioner.

Mark J. Davis, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent.

ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA, and JOHN C. ELDRIDGE (Retired, specially assigned), JJ.

BARBERA, Judge.

In this case we decide whether, under the Code of Maryland Regulations ("COMAR") 10.09.10.10,1 a Medicaid provider that made payments pursuant to an interest rate swap agreement can claim reimbursement of those payments as mortgage interest.

The petitioner, Crofton Convalescent Center ("Crofton"), is a nursing facility certified to provide medical care through the Maryland Medical Assistance Program ("Medicaid"...

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