White Bear Lake Care Center, Inc. v. Minnesota Department of Public Welfare

OTIS, Justice.

White Bear Lake Care Center, Inc., appeals from an order of the district court affirming a decision of the Commissioner of Public Welfare which disallowed its rate of medical assistance reimbursement for fiscal 1976. The sole issue raised is whether the Department of Public Welfare’s practice of computing cost change implementation on a per diem basis constitutes a permissible interpretation of 12 MCAR § 2.049 (1978) (DPW Rule 49) or an improper promulgation of a new rule. We conclude that calculations made using the per diem method cannot be enforced because the per diem method…