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DEPT. OF SOC. SERV. v. SENIOR CIT. NURSING HOME

No. WD 66236.

224 S.W.3d 1 (2007)

DEPARTMENT OF SOCIAL SERVICES, DIVISION OF MEDICAL SERVICES, Appellant, v. SENIOR CITIZENS NURSING HOME DISTRICT OF RAY COUNTY d/b/a Shirkey Leisure Acres, Respondent.

Missouri Court of Appeals, Western District.

Rehearing Denied March 27, 2007.

Attorney(s) appearing for the Case

David P. Hart, Assistant Attorney General, Jefferson City, MO, for appellant.

Harvey M. Tettlebaum, Jefferson City, MO, for respondent.

Before JOSEPH M. ELLIS, Presiding Judge, ROBERT G. ULRICH, Judge, and RONALD R. HOLLIGER, Judge.

JOSEPH M. ELLIS, Judge.

The Missouri Department of Social Services, Division of Medical Services ("DMS"), appeals from a judgment entered in the Circuit Court of Cole County affirming a decision by the Administrative Hearing Commission ("the Commission") granting the Senior Citizens Nursing Home District of Ray County ("Ray County") a $3.63 increase in its Medicaid per diem rate.

Ray County is a not-for-profit nursing home district, doing business as "Shirkey...

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