[Download] "Agi-Bloomfield Convalescent Center v." by Western District Missouri Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Agi-Bloomfield Convalescent Center v.
• Author : Western District Missouri Court of Appeals
• Release Date : January 24, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Plaintiffs, some twenty-three (23) separate corporate entities operating nursing homes in the State of Missouri (hereinafter collectively referred to as respondent nursing homes), filed an action for declaratory judgment and injunctive relief in the Circuit Court of Cole County respecting the validity and enforcement of certain provisions of 13 CSR 40-81.081, 1 captioned Prospective Reimbursement Plan for Long-Term Care. The aforementioned carried an effective date of October 1, 1981, and was promulgated by the Department of Social Services, State of Missouri, which is mandated by state law to administer the Medicaid program in Missouri. The following were named as defendants: Department of Social Services; Barrett A. Toan, Director, Department of Social Services; Division of Family Services, Department of Social Services; and James R. Moody, Director, and Gretchen Engquist, Deputy Director, Division of Family Services, Department of Social Services (hereinafter collectively referred to as appellants). The homes operated by respondent nursing homes are leased facilities--twenty-two (22) by assignment of existing leases by lessee-assignors and one (1) by lease from an owner-lessor. 2 Respondent nursing homes, in addition to rental payments assumed, paid various amounts, described as lease acquisition costs, to the lessee-assignors for assignment of the leases. Each of respondent nursing homes' predecessors (in the context of facility) were participating in the Medicaid program and had established Medicaid per diem reimbursement rates. All of the facilities operated by respondent nursing homes are managed by an independent management company on a fee basis of seven (7) percent of the annual gross revenues of respondent nursing homes. The lease acquisition mechanism has become increasingly prevalent in recent years in the nursing home industry resulting in higher costs for patient care without any commensurate increase in quality or quantity of care.

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