Heritage Manor, Inc v. Department of Social Services

Plaintiff appeals as of right from the order dismissing its action for superintending control and declaratory relief. Plaintiff, a corporation operating a state-licensed nursing home that participates in Medicaid, sought to avoid a civil fine, asserting that the penalty was invalid because it was not supported by state legislation or a properly promulgated administrative rule. The fine was based on a bulletin that defendant published in compliance with a federal court order in another case. We reverse and remand for entry of judgment in favor of plaintiff.

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