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ARKANSAS DHS v. SILOAM SPRINGS NURSING

No. CA 04-962.

214 S.W.3d 275 (2005)

ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellant v. SILOAM SPRINGS NURSING & REHABILITATION, Appellee.

Court of Appeals of Arkansas, Division I.

September 28, 2005.

Attorney(s) appearing for the Case

Richard N. Rosen, Little Rock, for appellant.

Kutak Rock LLP, by: Debby Thetford Nye and Amy M. Wilbourn, Fayetteville, for appellee.

ANDREE LAYTON ROAF, Judge.

This case involves the interpretation of a Medicaid reimbursement rule promulgated by the Arkansas Department of Human Services (DHS) in 2001. Under the rule, a long-term care facility/Medicaid provider would be reimbursed for its services based upon a number of cost factors, including the fair rental value of its facility. Appellee Siloam Springs Nursing and Rehabilitation (Siloam) asked DHS to interpret the

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