Americana Healthcare Centers-Minot and Fargo v. Dept. of Human Serv.

NEUMANN, Justice.

The North Dakota Department of Human Services (Department) appeals from the district court judgment remanding this case back to the Department to recalculate the rates for reimbursement for Americana Healthcare Centers (AHC) in accordance with the district court’s instructions. We reverse the judgment of the district court.

The material facts are not in dispute. AHC operates two nursing homes in North Dakota. Both homes provide services to Medicaid eligible residents, and receive final rate determinations from the Department. In 1991, AHC was issued final rate determinations…