Legal Opinion · Dissent

In Re the Rate Appeal of Benedictine Health Center

Supreme Court of Minnesota

Decided March 15, 2007No. A05-873Published

1Dissent

*508ANDERSON, Paul H., Justice

(dissenting).

I respectfully dissent. For the reasons set forth below, I conclude that the Department of Human Service’s (DHS) “not-to-exceed-claims-paid” policy1 as applied to Benedictine comports with the plain meaning of Rule 50. Therefore, the policy is not an interpretive rule that must be promulgated under the Minnesota Administrative Procedure Act, Minn.Stat. ch. 14 (2006) (MAPA). See Cable Communications Bd. v. Nor-West Cable Communications P’Ship, 356 N.W.2d 65.8, 667 (Minn.1984) (“[If an] agency’s interpretation of a rule corresponds with [the rule’s] plain…

2Cases cited2 opinions

  1. Contested Cases of St. Otto's Home v. Minnesota Department of Human ServicesSupreme Court of Minnesota · 1989
  2. Marriage of Kaste v. KasteCourt of Appeals of Minnesota · 1984

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