In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

because it was made by physicians and nursing home administrators who are private parties. The Supreme Court explained its rationale: "Those decisions ultimately turn on medical judgments made by private parties according to professional standards that are not established by the State." Id. at 1008, 102 S.Ct. 2777. The Court distinguished situations where the state "affirmatively command[ed]" the discharge or transfer of Medicaid patients, id. at 1005, 102 S.Ct. 2777, or where medical judgments were made by utilization review committees mandated by federal regulation. See id. at 1008, 102 S.Ct. 2777. A key inquiry under Blum and its progeny is which entity made the decision being challenged. See id. at 1005, 102 S.Ct. 2777; see also Kraemer v. Heckler, 737 F.2d 214, 220 (2d Cir.1984) (<HOLDING>); Catanzano v. Dowling, 60 F.3d 113, 117 (2d
Holding statements: (A) holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision (B) holding 2254d authorizes federal court to review state courts decision only and not explanation of decision (C) holding that state courts failure to discuss or even to be aware of federal precedent does not in itself render the decision contrary to federal law (D) holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights (E) holding that the decision of a utilization review committee may well constitute state action where the decisionmaking process itself appears to be governed largely by federal guidelines
(E)

until he received the order in March 2001. While in ordinary circumstances he likely would be faulted for not exercising due diligence to determine the disposition of his motions during the two year period contemplated by the rule, petitioner had no reason to make such an inquiry in this case because he believed that in accordance with the April 1999 order, he had been permitted to withdraw his motions to vacate sentence. Accordingly, we conclude that Snell has pled an adequate basis for avoiding the two year time limitation imposed by the rule. We further conclude that he otherwise timely sought relief to the extent his petition seeking belated appeal was filed within two years of his discovery of the existence of September 1998 order. Cf. Adams v. State, 543 So.2d 1244 (Fla.1989)(<HOLDING>). In response to our order to show cause why a
Holding statements: (A) holding that a rule 3850 motion based upon new facts or a significant change in the law must be filed within two years of the time such facts become known or such change is announced (B) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (C) holding that a subsequent petition may be filed upon a showing of a change in circumstances (D) holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms (E) holding that a change in the law of sentencing does not constitute a new factor
(A)

(D.C.Cir.1979)." The rationale for the business-records exception to the hearsay rule is that reliability is assured because the maker of the record relies on the record in the regular course of business activities. See Ex parte Frith, 526 So.2d 880, 882 (Ala.1987). The "regular course" of business "must find its meaning in the inherent nature of the business in question and in the methods systematically employed for the conduct of the business as a business." Palmer v. Hoffman, 318 U.S. 109, 115, 63 S.Ct. 477, 87 L.Ed. 645 (1943). When an organization does not rely upon particular records for the performance of its functions, those records are not business records within the meaning of the Rule 803(6) exception to the hearsay rule. See Palmer v. Hoffman, 318 U.S. at 114, 63 S.Ct. 477 (<HOLDING>). It is not enough to qualify under the
Holding statements: (A) holding that accident report provided by railroad company employee did not qualify as business record where essentially prepared for use in litigating not in railroading (B) holding that gradecrossing accident reports prepared by a railroad were not business records because they were not prepared for the systematic conduct of the enterprise as a railroad business rather the reports are calculated for use essentially in the court not in the business their primary utility is in litigating not in railroading (C) holding that daily reports prepared by agency investigator were not records within a system of records since they were retrievable by the investigators identifier and not accessed by plaintiffs name (D) holding that warrants of deportation were properly characterized as nontestimonial official records that were prepared independent of this litigation and were not prepared to prove facts for use in future criminal prosecutions (E) holding that documents that were not created by but that were received maintained and relied upon by a business are business records under 8036
(B)