LAW 615 Lecture Notes - Lecture 29: Fee Simple, Harry Blackmun
30 May 2020
School
Department
Course
Professor
Document Summary
Department of health, education, and welfare (hew) as a skilled nursing facility, so it was eligible for government assistance. Center and six patients filed complaint that they were entitled to an evidentiary hearing on the merits of the decertification decision before the. Two possible sources for right: (1) medicaid provisions relied upon. Regulations protect a patient by limiting the circumstances in which a home may transfer or discharge a medicaid recipient, they don"t limit the. Government"s right to make a transfer necessary by decertifying a facility: concurrence (blackmun): patients loss of their home is not indirect because certification is directly tied to their ability to live there. Public benefits are not held in fee simple, reasonable and shared perceptions should be consulted to define the scope of the claimant"s justifiable expectations. Four considerations: (1) lengthy process of deciding disqualification intimately involved the nursing home.
