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LUTHER HAVEN NURSING HOME v. D.H.S.

No. C2-88-3.

425 N.W.2d 260 (1988)

In the Matter of the Contested Case of LUTHER HAVEN NURSING HOME, MONTEVIDEO, MINNESOTA, Relator, v. MINNESOTA DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Minnesota.

May 31, 1988.

Attorney(s) appearing for the Case

Samuel D. Orbovich, Broeker, Geer, Fletcher & Lafond Limited, Bloomington, for relator.

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

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

OPINION

CRIPPEN, Judge.

Relator Luther Haven Nursing Home appeals by writ of certiorari from a contested case decision of the Commissioner of the Department of Human Services that the nursing home is not a "hospital-attached nursing home" for purposes of rate-setting under Minn.Rules 9549.0020 subp. 26 (1985). The case is governed substantially by our holding in St. Otto's & St. Francis' Nursing Homes v. Minnesota Department of Human Services,

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