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D & M HEALTHCARE, INC. v. KERNAN

No. 49S05-0310-CV-437.

800 N.E.2d 898 (2003)

D & M HEALTHCARE, INC., et al., Appellants (Plaintiffs below), v. Joseph E. KERNAN, in his official capacity as Governor of the State of Indiana, et al., Appellees (Defendants below).

Supreme Court of Indiana.

December 17, 2003.

Attorney(s) appearing for the Case

Peter J. Rusthoven, J. Michael Grubbs, Stanley C. Fickle, Deborah Pollack-Milgate, Mark J. Crandley, Thomas F. Shea, Indianapolis, IN, Attorneys for Appellants.

Karl L. Mulvaney, Nana Quay-Smith, Rafael A. Sanchez, Jon B. Laramore, Counsel to Governor, Steve Carter, Attorney General of Indiana, Gary Damon Secrest, Chief Counsel, Frances H. Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

BOEHM, Justice.

House Enrolled Act 1866 as passed by the 2001 General Assembly would prohibit the Family and Social Services Administration ("FSSA") from adopting rules that would reduce reimbursements to nursing facilities. The bill was passed by both houses but the Governor vetoed it and delivered the bill back to the House after the legislative session had adjourned. The Plaintiffs are several nursing home facilities who seek a declaratory judgment that House Enrolled...

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