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D & M HEALTHCARE, INC. v. O'BANNON

No. 49A05-0301-CV-26.

793 N.E.2d 241 (2003)

D & M HEALTHCARE, INC., Extendicare Homes, Inc., Indiana Health & Rehabilitation Centers, G.P., Kindred Nursing Centers, L.P., and Indiana Health Care Association, Inc., Appellants-Plaintiffs, v. Frank O' BANNON, in his official capacity as Governor of the State of Indiana, Indiana Family and Social Services Administration and its Office of Medicaid Policy and Planning, John Hamilton, in his official capacity as Secretary, Indiana Family and Social Services Administration, and Melanie Bella, in her official Capacity as Director, Office of Medicaid Policy and Planning, Appellees-Defendants.

Court of Appeals of Indiana.

Transfer Granted October 2, 2003.

Attorney(s) appearing for the Case

J. Michael Grubbs, Peter J. Rusthoven, Thomas F. Shea, Julie C. Sipe, Barnes & Thornburg, Indianapolis, IN, Attorneys for Appellants.

Steve Carter, Attorney General of Indiana, Gary Damon Secrest, Chief Counsel, Frances Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

OPINION

MAY, Judge.

D & M Healthcare and a number of other nursing facilities ("the nursing homes") sought a declaratory judgment that a bill limiting the authority of the Indiana Family and Social Services Administration ("FSSA") to reduce Medicaid reimbursement rates became law notwithstanding the governor's veto, and that rules to that effect adopted by FSSA are invalid because they violated that...

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