Introduction to Basic Legal Citation - access-to-law home
Introduction to Basic Legal Citation - access-to-law home
Introduction to Basic Legal Citation - access-to-law home
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THEREFORE, IT IS ORDERED that, effective immediately, proper pinpoint citations <strong>to</strong><br />
opinions decided by this Court after January 1, 1998, shall be in the form shown in the<br />
following example:<br />
Doe v. Roe, 1998 MT 12, 44-45, 286 Mont. 175, 989 P.2d 1312<br />
In all other respects, the Court’s order filed December 16, 1997, shall remain unchanged.<br />
Nebraska: Supreme Court citation practice | <strong>Citation</strong> rule(s)<br />
204<br />
Contents | Index | Help | < | ><br />
Examples from Bethesda Found. v. Neb. Dep't of Soc. Serv., 243 Neb. 130, 498<br />
N.W.2d 86 (1993)<br />
. . . .<br />
The Nebraska Department of Social Services is responsible for the administration of the<br />
medicaid program pursuant <strong>to</strong> Neb. Rev. Stat. § 68-1018 et seq. (Reissue 1990). In<br />
administering the program, the department reimburses medicaid-certified nursing <strong>home</strong><br />
facilities for the cost of care <strong>to</strong> medicaid-eligible patients. The department determines<br />
payment or reimbursement rates for a nursing <strong>home</strong> based on allowable costs incurred by the<br />
facility. Payment for long-term-care services is set forth in 471 Neb. Admin. Code, § 12-011<br />
et seq. (1987). Rates paid <strong>to</strong> long-term-care providers must be "reasonable and adequate <strong>to</strong><br />
meet the costs which must be incurred by efficiently and economically operated facilities <strong>to</strong><br />
provide services in conformance with state and federal <strong>law</strong>s, regulations, and quality and<br />
safety standards." 471 Neb. Admin. Code § 12-011.02.<br />
. . . .<br />
Since Oc<strong>to</strong>ber 17, 1977, the Nebraska medicaid program has recognized depreciation as an<br />
allowable cost. The regulations also provide for the recapture of depreciation upon the sale<br />
of a long-term-care facility for a profit. Depreciation in 471 NAC 12-011.08D refers <strong>to</strong> real<br />
property only. A long term care facility which is sold for a profit and has received NMAP<br />
payments for depreciation, shall refund <strong>to</strong> the Department the lower of - 1. The amount of<br />
depreciation allowed and paid by the Department between July 1, 1976, and the time of<br />
sale of the property; or 2. The product of the ratio of depreciation paid by the Department<br />
since July 1, 1976, <strong>to</strong> the <strong>to</strong>tal depreciation accumulated by the facility (adjusted <strong>to</strong> <strong>to</strong>tal<br />
allowable depreciation under the straight-line method, if any other method has been used)<br />
times the difference in the sale price of the property over the book value of the assets sold. .<br />
. .<br />
471 Neb. Admin. Code § 12-011.08D.<br />
. . . .<br />
This court has previously determined that the department's change in its depreciation<br />
recapture regulation did not have a retroactive effect and therefore could not violate a