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LeZALLA v. STATE

No. C3-84-1832.

366 N.W.2d 395 (1985)

Arlene LeZALLA, et al., Respondents, v. STATE of Minnesota, Commissioner of Public Welfare, et al., Appellants, Harmony Nursing Home, Inc., et al., Respondents, and STATE of Minnesota and Leonard W. Levine, et al., Defendants and Third Party Plaintiffs, Appellants, v. HARMONY NURSING HOMES, INC., et al., Third Party Defendants, Respondents, and Martha GONSIOR, et al., Respondents, v. HARMONY NURSING HOME, INC. Respondent, State of Minnesota, Commissioner of Public Welfare, et al., Appellants, and HARMONY NURSING HOMES, INC., et al., Respondents, v. The MINNESOTA DEPARTMENT OF PUBLIC WELFARE and Leonard W. Levine, etc., Appellants, and Alma THOLEN, et al., Respondents, v. NORTH ST. PAUL NURSING HOME, Respondent, and William BLICKENDERFER, et al., Respondents, v. HARMONY NURSING HOME, INC. Respondent, State of Minnesota, Commissioner of Public Welfare, et al., Appellants.

Court of Appeals of Minnesota.

April 23, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Gail M. Olson, John L. Kirwin, Sp. Asst. Attys. Gen., St. Paul, for State, Com'r of Public Welfare.

Daniel B. O'Leary, St. Paul, for LeZalla, et al.

Lawrence D. Cohen, Bloomington, for Harmony Nursing Home, Inc.

Beverly Balose, Minneapolis, for Gonsior et al.

Steven Wolfe, Michael Hagedorn, St. Paul, for Tholen, et al.

Kenneth R. Erickson, St. Paul, for Blickenderfer, et al.

Heard, considered and decided by POPOVICH, C.J., and NIERENGARTEN and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

The State of Minnesota, Department of Human Services (DHS) and the Commissioner of Human Services appeal from a summary judgment: (1) ordering DHS to pay Harmony Nursing Home and North St. Paul Nursing Home for care provided to medical assistance recipients residing in the nursing homes as of July 1, 1983; (2) providing that the nursing homes undertake a phased withdrawal from the medical assistance program; (3) setting the rates...

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