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GOOD NEIGHBOR CARE CENTERS, INC. v. DHS

No. C5-88-612.

428 N.W.2d 397 (1988)

In the Matter of the Contested Case of GOOD NEIGHBOR CARE CENTERS, INC., et al., Relators, v. MINNESOTA DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Minnesota.

Motion to Amend Case Title Denied September 28, 1988.

Review Denied October 19, 1988.

Attorney(s) appearing for the Case

K. Craig Wildfang, Minneapolis, for relators.

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

Maureen W. Bellis, Sp. Asst. Atty. Gen., St. Paul, for amicus curiae Minnesota Bd. on Aging.

Paul C. Clabo, Legal Aid Society of Mpls., Minneapolis, for amici curiae Minnesota Senior Federation and Minnesota Alliance for Health Care Consumers.

Heard, considered and decided by FORSBERG, P.J. and LANSING and SCHULTZ, JJ.

OPINION

LANSING, Judge.

Respondent Department of Human Services (DHS) imposed a 20% reduction of medical assistance payments on relator Good Neighbor Care Center (GNCC) and other nursing homes represented by relator Care Providers, Inc., based on their practice of charging private paying residents the rates they anticipated would result from pending appeals of DHS approved rates. A contested case proceeding followed, and GNCC and Care Providers appeal the...

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