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HEALTHPARTNERS, INC. v. BERNSTEIN

No. C6-02-870.

655 N.W.2d 357 (2003)

HEALTHPARTNERS, INC., Relator, v. James C. BERNSTEIN, in his capacity as Commissioner of the Minnesota Department of Commerce, Minnesota Comprehensive Health Association, Respondents.

Court of Appeals of Minnesota.

January 14, 2003.

Attorney(s) appearing for the Case

Gregory R. Merz, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, MN, for relator.

Mike Hatch, Attorney General, Steven B. Liss, Assistant Attorney General, St. Paul, MN, for respondent commissioner.

Douglas L. Elsass, Fruth, Jamison & Elsass, P.A., Minneapolis, MN, for respondent MCHA.

Considered and decided by SCHUMACHER, Presiding Judge, HALBROOKS, Judge, and HUDSON, Judge.

O P I N I O N

HALBROOKS, Judge.

Relator HealthPartners, Inc. challenges the decision of the Commissioner of the Minnesota Department of Commerce denying its appeal of its MCHA assessments for the years 1997, 1998, and 1999. HealthPartners argues that the payments it received pursuant to Medicare cost contracts were not payments received "for coverage" under Minn.Stat. § 62E.02, subd. 23 (2002). As a result...

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