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GREENE COUNTY NURSING & CARE CTR. v. DSS

Nos. 18874 and, 18883.

878 S.W.2d 524 (1994)

GREENE COUNTY NURSING AND CARE CENTER, INC. d/b/a Greene Haven, Plaintiff/Respondent/Cross-Appellant, v. DEPARTMENT OF SOCIAL SERVICES and Division of Medical Services, Defendants/Appellants/Cross-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

June 30, 1994.

Attorney(s) appearing for the Case

Mark G. Arnold, Husch & Eppenberger, St. Louis, Harvey M. Tettlebaum, Barbara Miltenberger, Jefferson City, for plaintiff/respondent/cross-appellant.

Richard Beaver, Jefferson City, for defendants/appellants/cross-respondents.

CROW, Judge.

This is another case in the ever-lengthening list challenging the constitutionality of a regulation establishing a new method of calculating per diem rates paid to nursing homes participating in the Missouri Medicaid program. The regulation, 13 CSR 70-10.010, referred to in this and other cases as "the New Plan," took effect July 1, 1990.

Greene County Nursing and Care Center, Inc., is a Missouri not-for-profit corporation licensed to operate...

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