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  5. 437 N.W.2d 35 (1989)
 

ST. OTTO'S HOME v. DEPT. OF HUMAN SERV.

Nos. C7-87-2514, C2-88-3.

437 N.W.2d 35 (1989)

In the Matter of the Contested Cases of ST. OTTO'S HOME, Little Falls, Minnesota, and St. Francis Home, Breckenridge, Minnesota, Petitioners, Relators, v. MINNESOTA DEPARTMENT OF HUMAN SERVICES, Respondent. In the Matter of the Contested Case of LUTHER HAVEN NURSING HOME, Montevideo, Minnesota, Petitioner, Relator, v. MINNESOTA DEPARTMENT OF HUMAN SERVICES, Respondent.

Supreme Court of Minnesota.

March 10, 1989.

Attorney(s) appearing for the Case

Steve M. Mihalchik, Samuel D. Orbovich, Minneapolis, for petitioners, relators.

Hubert H. Humphrey, III, Atty. Gen., John L. Kirwin, Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by the court en banc.

YETKA, Justice.

Relators, St. Otto's Home, St. Francis Home and Luther Haven Nursing Home, are appealing from a decision of the Minnesota Court of Appeals, which affirmed the Department of Human Services' (hereinafter DHS) determination that they were not "hospital-attached nursing homes" under Minn.R. 9549.0020, subp. 26 (Supp.1986) of the medical assistance rate setting rules. We reverse.

After denial of relators' request for hospital-attached status and...

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