In Re Assessment Issued to Leisure Hills Health Care Center on March 2, 1992
Court of Appeals of Minnesota
1Opinion of the Court
OPINION
KALITOWSKI, Judge.
Relator Leisure Hills Health Care Center (Leisure Hills) seeks review of three nursing home penalty assessments issued by respondent Minnesota Department of Health. Leisure Hills contends: (1) the Department must promulgate its nursing home inspection procedures as rules pursuant to the Minnesota Administrative Procedure Act (Minnesota APA); (2) the Department’s inspection of Leisure Hills was arbitrary and capricious; and (3) the Commissioner of Health’s decision is unsupported by substantial evidence in the record and disputed material facts preclude summary…
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