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

No. C7-87-2514.

425 N.W.2d 252 (1988)

In the Matter of the Contested Cases of ST. OTTO'S HOME, LITTLE FALLS, MINNESOTA, and St. Francis Home, Breckenridge, Minnesota, Relators, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Minnesota.

Review Granted August 4, 1988.


Attorney(s) appearing for the Case

Samuel D. Orbovich, Broeker, Geer, Fletcher & Lafond Ltd., Bloomington, for relators.

Hubert H. Humphrey, III, Atty. Gen., John L. Kirwin, Julie K. Harris, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Heard, considered and decided by CRIPPEN, P.J., and SCHULTZ and FLEMING, JJ.


OPINION

CRIPPEN, Judge.

Relators, St. Otto's and St. Francis nursing homes, appeal by writ of certiorari from a contested case decision of the Commissioner of Human Services that the homes are not "hospital-attached nursing homes" for purposes of rate setting under Minn.R. 9549.0020 subp. 26 (1985).

FACTS

The Franciscan Sisters of Little Falls is an order of nuns that provides health and related services to the Minnesota elderly and infirm...

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