AMERICARE PROPERTIES, INC., v. WHITEMAN

No. 70,062

257 Kan. 30 (1995)

AMERICARE PROPERTIES, INC., et al., Appellees/Cross-Appellants, v. DONNA L. WHITEMAN, SECRETARY OF SOCIAL AND REHABILITATION SERVICES, and THE KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellants/Cross-Appellees.

Supreme Court of Kansas.

Opinion filed March 10, 1995.


Attorney(s) appearing for the Case

Patrick D. Gaston, of Bennett, Lytle, Wetzler, Martin & Pishny, L.C., of Prairie Village, argued the cause, and Robert F. Bennett and Patricia A. Bennett, of the same firm, were with him on the briefs for appellants/cross-appellees.

William E. Enright, of Scott, Quinlan & Hecht, of Topeka, argued the cause and was on the brief for appellees/cross-appellants.


The opinion of the court was delivered by

DAVIS, J.:

This appeal involves a class action filed by Kansas adult care homes challenging the Kansas Department of Social and Rehabilitation Services' (SRS) procedural and substantive basis for Medicaid reimbursement. Medicaid is a joint federal and state program providing medical assistance, including nursing care, to the indigent, aged, and infirm. The defendant SRS is the designated single state agency for administration...

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