Accordingly, we decline to consider this argument on appeal. The dispositive issue in this appeal, therefore, is whether the transfer, as described, is more appropriately labeled an asset sale or a stock sale. In reviewing a grant of summary judgment, we consider the affidavits, and all reasonable inferences drawn from them, in the light most favorable to the non-moving party. To the extent that the non-moving party either ignores or does not dispute facts set forth in the moving party's affidavits, they are deemed admitted for purposes of the motion. Under both the Federal Medicare and Medicaid programs, States that receive program funds must reimburse providers for the costs of caring for qualified patients.
Depreciation is a reimbursable expense under both programs.
See N.H. Med. Depreciation payments, such as those at issue in this case, are designed to reflect the declining value of a nursing home's assets over time. Conversely, depreciation is not paid on assets that retain their usefulness indefinitely, such as stock and land. Chirelstein, supra at 142-43. Under both federal programs, a pure stock sale is not subject to recapture, as the sale does not involve the transfer of depreciable assets from one party to another.