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CAL. ADVOCATES FOR NURSING HOME REFORM v. BONTA

No. A097107.

130 Cal.Rptr.2d 823 (2003)

106 Cal.App.4th 498

CALIFORNIA ADVOCATES FOR NURSING HOME REFORM et al., Plaintiffs and Appellants, v. Diana M. BONTA, as Director, etc., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

As Modified March 6, 2003.

Attorney(s) appearing for the Case

Amitai Schwartz, Emeryville, for Appellants.

Bill Lockyer, Attorney General, Charlton G. Holland III, Senior Assistant Attorney General, James M. Humes, Deputy Attorney General, for Respondent.

KLINE, P.J.

Appellants allege that written and unwritten policies, procedures and guidelines of the Department of Health Services interpreting federal and state statutes relating to the Medicaid1 program, which the department administers, constitute regulations within the meaning of the Administrative Procedure Act (Gov.Code, § 11340 et seq.) (APA) and are therefore void because they were not promulgated in accordance with the APA...

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