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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Merrimack No. 2008-051 BEL AIR ASSOCIATES v. NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES Argued: September 16, 2008 Opinion Issued: November 20, 2008 Devine, Millimet & Branch, P.A., of Manchester (Thomas Quarles and Shelagh C.N. Michaud on the brief, and Mr. Quarles orally), for the petitioner. Kelly A. Ayotte, attorney general (Laura E. B. Lombardi, assistant attorney general, on the brief and orally), for the respondent. BRODERICK, C.J. The petitioner, Bel Air Associates, appeals an order of the Superior Court (Conboy, J.) that the Medicaid provider agreement between it and the respondent, the New Hampshire Department of Health and Human Services (DHHS), does not constitute a contract. We reverse and remand. Bel Air Associates (Bel Air) operates a state-licensed nursing home in Goffstown, providing care to Medicaid-eligible individuals. Medicaid is a joint federal-state program that provides health care services to certain low-income individuals. See 42 U.S.C.

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New Hampshire Law