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ST. BENEDICT'S HEALTH CENTER v. DEPT. OF HUMAN SERVICES

No. 20030289.

677 N.W.2d 202 (2004)

2004 ND 63

ST. BENEDICT'S HEALTH CENTER, Appellee v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of North Dakota.

March 25, 2004.

Attorney(s) appearing for the Case

Leslie Bakken Oliver, Vogel Law Firm, Bismarck, N.D., for appellee.

Jean R. Mullen, Assistant Attorney General, Attorney General's Office, Bismarck, N.D., for appellant.

MARING, Justice.

[¶ 1] The North Dakota Department of Human Services appealed from a district court judgment reversing the Department's determination that for purposes of establishing St. Benedict's Health Center's direct care costs for its medicaid reimbursement rate for the 2001 rate year, St. Benedict's non-certified "nursing department helpers" were not "nurse aides." We conclude the Department's interpretation of nurse aides to mean certified nurse aides...

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