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HILLCREST HAVEN CONVALESCENT CENTER v. IDAHO DEPARTMENT OF HEALTH AND WELFARE

No. 30987.

124 P.3d 999 (2005)

142 Idaho 123

HILLCREST HAVEN CONVALESCENT CENTER, Petitioner-Respondent, v. IDAHO DEPARTMENT OF HEALTH AND WELFARE, Respondent-Appellant.

Supreme Court of Idaho, Idaho Falls, September 2005 Term.

November 23, 2005.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant. Willard R. Abbott argued.

Jones Chartered, Pocatello, for respondent. Jack H. Robison argued.

TROUT, Justice.

The Idaho Department of Health and Welfare (Department) appeals from a district court decision holding that a payment the Department owes to Hillcrest Haven Convalescent Center (Hillcrest) for property costs should not be decreased based on Hillcrest's occupancy level. We affirm the district court and hold that the Department cannot apply its occupancy adjustment factor to reduce Hillcrest's reimbursement for property costs for fiscal year 2001.

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