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BROEN MEMORIAL HOME v. DEPT. OF HUMAN SERV.

No. C1-84-1618.

364 N.W.2d 436 (1985)

In the Matter of The Contested Case of BROEN MEMORIAL HOME, Appellant, v. MINNESOTA DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Minnesota.

March 12, 1985.

Attorney(s) appearing for the Case

John M. Broeker, Samuel D. Orbovich, Broeker, Hartfeldt, Hedges & Grant, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Gary A. Van Cleve, Sp. Asst. Atty. Gen., St. Paul, for respondent.

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

OPINION

POPOVICH, Chief Judge.

Broen Memorial Home appeals from an order in which the Commissioner of Human Services held (1) Minn.R. 9510.0030, subp. 3.J. (1983) requires the use of the gross dollar method when calculating paybacks, (2) Minn.R. 9510.0470, subp. 4.B. (1983) permits only nursing homes with 65 percent welfare patient days to obtain a waiver of the 93 percent occupancy limitation, and (3) the Commissioner...

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