Legal Opinion

Broen Memorial Home v. Minnesota Department of Human Services

Court of Appeals of Minnesota

Decided March 12, 1985No. C1-84-1618PublishedCited by 9 opinions

1Opinion of the Court

OPINION

POPOVICH, Chief Judge.

Broen Memorial Home appeals from an order in which the Commissioner of Human Services held (1) Minn.R. 9510.0030, subp. 3.J. (1983) requires the use of the gross dollar method when calculating paybacks, (2) Minn.R. 9510.0470, subp. 4.B. (1983) permits only nursing homes with 65 percent welfare patient days to obtain a waiver of the 93 percent occupancy limitation, and (3) the Commissioner has no jurisdiction to determine whether a rule is arbitrary.

Broen contends (1) the gross dollar method should not be applied in setting its paybacks because its occupancy has…

2Cases cited2 opinions

  1. White Bear Lake Care Center, Inc. v. Minnesota Department of Public WelfareSupreme Court of Minnesota · 1982
  2. Blocher Outdoor Advertising Co. v. Minnesota Department of TransportationCourt of Appeals of Minnesota · 1984

3Cited by9 opinions

  1. Mammenga v. State Department of Human ServicesSupreme Court of Minnesota · 1989
  2. Williams v. Public Service Com'n of UtahUtah Supreme Court · 1988
  3. Ellingson & Associates, Inc. v. KeefeCourt of Appeals of Minnesota · 1987
  4. Minnesota Chamber of Commerce v. Minnesota Pollution Control AgencyCourt of Appeals of Minnesota · 1991
  5. Good Neighbor Care Centers, Inc. v. Minnesota Department of Human ServicesCourt of Appeals of Minnesota · 1988

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