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MINN. ASS'N OF HEALTH CARE v. MINN. DEPT. OF P.W.

Nos. 83-2446, 83-2447.

742 F.2d 442 (1984)

MINNESOTA ASSOCIATION OF HEALTH CARE FACILITIES, INC.; Sunshine Villa, Inc.; Augustana Lutheran Homes, Inc.; Red Wing Nursing Home of TLC Nursing Centers, Inc.; Mala Strana Nursing Home of New Prague, and Excelsior Home of Iroquois-Excelsior, Inc.; and Valleyview Nursing Home, Inc., Appellants, v. MINNESOTA DEPARTMENT OF PUBLIC WELFARE and Leonard W. Levine, Commissioner of Public Welfare, and Nursing Home Residents' Advisory Council, Appellees. MINNESOTA HOSPITAL ASSOCIATION, a non-profit Minnesota corporation; Canby Community Hospital and C & NC Unit District No. 1, a Minnesota municipal corporation; Divine Providence Hospital and Home, Inc., a nonprofit Minnesota corporation; Good Shepherd Lutheran Home of Sauk Rapids, Minnesota, a non-profit Minnesota corporation, and Guardian Angels Foundation of Elk River, Inc., a nonprofit Minnesota corporation, Appellants, v. MINNESOTA DEPARTMENT OF PUBLIC WELFARE and Arthur E. Noot, Commissioner of the Minnesota Department of Public Welfare, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1984.

Rehearing Denied October 1, 1984.

Attorney(s) appearing for the Case

Law Offices of the Legal Aid Society of Minneapolis, Inc., M. Francesca Chervenak, Attorney for the Defendant-Intervenor Appellees.

Brad P. Engdahl, Sp.Asst.Atty.Gen., St. Paul, Minn., for appellees.

Broeker, Hartfeldt, Hedges & Grant, John M. Broeker, Steve M. Mihalchick, Minneapolis, Minn., for appellants in No. 83-2446.

Messerli, Roe & Kramer, Stephen P. Watters, Brian P. Lutterman, Minneapolis, Minn., for appellants in No. 83-2447.

Before ROSS, ARNOLD and FAGG, Circuit Judges.

Rehearing Denied in No. 83-2446 October 1, 1984.

FAGG, Circuit Judge.

These consolidated actions were brought to challenge the constitutionality of a Minnesota statute which, as a condition of participation in the state's Medicaid program, limits the rates nursing homes may charge residents who do not receive state medical assistance benefits, and retroactively mandates restitution to such residents of charges that exceeded a specified rate differential based...

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