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RACHAL EX REL. REGAN v. STATE

No. 2009 CA 0786.

29 So.3d 595 (2009)

James B. RACHAL, by and through his Duly Authorized Agent, Alice Fae REGAN, Individually, and on Behalf of all others Similarly Situated v. STATE of Louisiana, through the DEPARTMENT OF HEALTH AND HOSPITALS.

Court of Appeal of Louisiana, First Circuit.

Writ Denied March 5, 2010.

Attorney(s) appearing for the Case

Patrick W. Pendley, Stan P. Baudin, Plaquemine, Louisiana, and Joseph J. McKernan, Scott E. Brady, Baton Rouge, Louisiana, for Plaintiff/Appellant Alice Fae Regan, as executrix of the Succession of James B. Rachal, and on behalf of all others similarly situated.

Neal R. Elliott, Jr., Stephen R. Russo, Michael J. Coleman, Baton Rouge, Louisiana, for Defendant/Appellee Bureau of Legal Services Department of Health and Hospitals.

Claude F. Reynaud, Jr., Scott N. Hensgens, Baton Rouge, Louisiana, for Defendant/Appellee Ollie Steele Burden Manor, Inc. and St. Clare Manor.

Richard F. Zimmerman, Jr., Travis B. Wilkinson, Baton Rouge, Louisiana, for Amicus Curiae/Appellee Gulf States Association of Homes and Services for the Aging.

Before DOWNING, GAIDRY, and McCLENDON, JJ.

GAIDRY, J.

The executrix of the succession of a nursing home patient appeals a summary judgment dismissing a claim for refund of charges billed to the patient by the nursing home to offset a daily "occupied bed fee" due from the nursing home to the Louisiana Department of Health and Hospitals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

From about December 17, 1999 until his death on November 9, 2006, the late James B. Rachal was a resident of a...

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