WESTLAND CONVALESCENT CENTER v. BLUE CROSS & BLUE SHIELD

Docket Nos. 64172-64178, 64286. (Calendar No. 8).

414 Mich. 247 (1982)

324 N.W.2d 851

WESTLAND CONVALESCENT CENTER v. BLUE CROSS & BLUE SHIELD OF MICHIGAN ALLEN PARK CONVALESCENT HOME, INC v. BLUE CROSS & BLUE SHIELD OF MICHIGAN REHABILITATION CENTER, INC v. BLUE CROSS & BLUE SHIELD OF MICHIGAN NIGHTINGALE WEST, INC v. BLUE CROSS & BLUE SHIELD OF MICHIGAN VENOY CONTINUED CARE CENTER v. BLUE CROSS & BLUE SHIELD OF MICHIGAN

Supreme Court of Michigan.

Decided September 28, 1982.


Attorney(s) appearing for the Case

Frimet, Bellamy, Gilchrist & Jehle, P.C., for plaintiff Westland Convalescent Center.

Barris, Sott, Denn & Driker (by Eugene Driker and Stephen E. Glazek) for plaintiffs Allen Park Convalescent Home, Inc., Hendry Convalescent Center, University Convalescent & Nursing Center, Dearborn Heights Convalescent Center, Marion Manor Medical Center, Dorvin Convalescent & Nursing Center, and St. Clair Convalescent Center.

Cook & Pringle, P.C. (by John A. Cook and Alexander J. Lelli, Jr.), for plaintiff Rehabilitation Center, Inc.

David Lebenbom, P.C., for plaintiffs Nightingale West, Inc., and Father Murray Rehabilitation Center, Inc.

Bellanca, Beattie, DeLisle & Suchy (by Peter J. Bellanca and Gasper J. Gammicchia) for plaintiffs Venoy Continued Care Center, Inc., Cambridge Nursing Center, Inc., Cambridge Nursing Center North, Inc., Cambridge Nursing Center East, Inc., Ke Be Corporation, Elliott General Hospital, Northwest Care Center, Inc., Qualicare, and Four Chaplains Convalescent Center, Inc.

Foster, Swift, Collins & Coey, P.C. (by Theodore W. Swift, David VanderHaagen, and William K. Fahey), and Michael B. Doelle for defendant Blue Cross and Blue Shield of Michigan.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Harry G. Iwasko, Jr., and Louis J. Porter, Assistants Attorney General, for defendant Commissioner of Insurance.


FITZGERALD, J.

We are asked to determine whether health care providers have the right to an evidentiary hearing either as a matter of fundamental due process or as a contested case under the Administrative Procedures Act of 1969, MCL 24.201 et seq.; MSA 3.560(101) et seq., before the Insurance Commissioner approves a change by Blue Cross and Blue Shield of Michigan in their rates of payment.

I

Plaintiffs are skilled nursing care facilities...

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