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McGEE GUEST HOME v. DEPT. OF SOC. SERVICES

No. 23231-6-II.

981 P.2d 459 (1999)

96 Wash.App. 804

McGEE GUEST HOME, INC., a Washington corporation; Gerald and Anntoni Pratt, husband and wife, d/b/a Valley Community Inn; Lynda Sadlier, d/b/a Court "C" Residential Center; Ide Congregate Care, Inc., a Washington Corporation, d/b/a myhome; Tacoma Congregate Care, Inc., a Washington Corporation; and Memory Lane/Oak Hill, Inc., a Washington corporation, d/b/a Memory Lane, Oak Hill and Hilltop Center, Respondents, v. DEPARTMENT OF SOCIAL AND HEALTH SERVICES OF the STATE of Washington; Pierce County, a municipal corporation; and Spokane County, a municipal corporation, Appellants.

Court of Appeals of Washington, Division 2.

July 23, 1999.

Attorney(s) appearing for the Case

Carl Berton Paul, Assistant Attorney General, Olympia, for Appellants.

John Francis Sullivan, Bellevue, for Respondents.

HUNT, J.

The Washington Department of Social and Health Services (DSHS) appeals a summary judgment ruling that it promulgated reimbursement rates in violation of the Administrative Procedure Act (APA); this ruling allows congregate care facilities serving mental health patients to recover financial losses based on the equitable remedy in quantum meruit. Holding that these DSHS reimbursement rates are not subject to APA rule-making procedures, we reverse and...

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