ElderCare Properties, Inc. v. Texas Department of Human Services

DAVID PURYEAR, Justice.

Appellant ElderCare Properties, a nursing home in Weslaco, appeals from a summary judgment that the Texas Department of Human Services did not violate any statute or constitutional provision by granting a special commissioner’s waiver to ElderCare’s competitor, Weslaco Nursing and Rehabilitation Center. ElderCare claims that the trial court erred in granting summary judgment raising three grounds: (1) that ElderCare has an inherent right to judicial review of the waiver; (2) that the special commissioner's waiver rule is invalid or improperly applied in this case; and…