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STATE EX REL. DOH v. ROBERTSON

No. 102,241.

152 P.3d 875 (2006)

2006 OK 99

STATE of Oklahoma, ex rel., The OKLAHOMA STATE DEPARTMENT OF HEALTH, Petitioner, v. The Honorable Vicki L. ROBERTSON, Judge of the District Court of Oklahoma County, Seventh Judicial District, Respondent, Patrick G. Walters, CPA, Real Party in Interest.

Supreme Court of Oklahoma.

December 19, 2006.

Attorney(s) appearing for the Case

Carl Hughes, Hughes & Goodwin, Oklahoma City, OK, for real party in interest, Patrick G. Walters, CPA.

N. Kay Bridger-Riley, P. Craig Bailey, Bridger-Riley & Associates, P.C., Tulsa, OK, for real party in interest, Patrick G. Walters, CPA.

Gary W. Gardenhire, General Counsel, Nick E. Slaymaker, Deputy General Counsel, Charles L. Broadway, Assistant General Counsel, Office of the General Counsel, Oklahoma State Department of Health, Oklahoma City, OK, for petitioner, State of Oklahoma, ex rel., the Oklahoma State Department of Health.

WINCHESTER, V.C.J.

¶ 1 Two issues are raised in this appeal: (1) Is the Nursing Home Care Act ("NHCA"), 63 O.S.2001, 1-1901 et seq., applicable to Patrick G. Walters ("Walters"), the real party in interest herein; and (2) Should Walters have exhausted administrative remedies before proceeding in district court. We answer both questions in the negative.

I. FACTS AND PROCEDURE

¶ 2 In 2000, the Department of Health (the "Department...

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