St. Benedict's Health Center v. ND Dept. of Human Services

20030289

St. Benedict's Health Center, Appellee
v.
North Dakota Department of
Human Services, Appellant

Appeal from:

District Court, South Central Judicial District, Burleigh County
Judge Bruce A. Romanick

Nature of Action:

Counsel:

Appellant:		Jean R. Mullen , Att. General Office
Appellee:		Vogel Law Firm

Term:

01/2004 Argument: 01/22/2004 10:45am

ND cite:

2004 ND 63

NW cite:

677 N.W.2d 202

Listen to recording of oral argument
using RealPlayer Basic,^© a free download.

Issues:

Appellant's Statement of the Issues:
Whether the Department of Human Services has reasonably interpreted its rules governing ratesetting for Medicaid payments to long term care facilities ("nursing facilities") when it identifies the definition of "nurse aide" in its administrative rules to mean the same as the definition of "nurse aide" in the federal Medicaid regulations.

Appellee's Statement of the Issues:
Whether the Department of Human Services has reasonably interpreted its rules governing rate setting for Medicaid payments to long term care facilities ("nursing facilities") when it identifies the definition of "nurse aide" in its administrative rules to mean the same as the definition of "nurse aide" in the federal Medicaid regulations.

Add Docket 20030289 RSS

Docket entries:

1	10/07/2003	NOTICE OF APPEAL: 10/03/2003
2	10/07/2003	ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
3	10/09/2003	Letter from counsel for AT re administrative review, filing fee not required
4	10/29/2003	RECORD ON APPEAL & Certificate of Record of Human Services
5	10/29/2003	DISK - Tran. of Administrative Hearing dated 8-21-02
6	11/05/2003	APPELLANT BRIEF
7	11/05/2003	APPELLANT APPENDIX
8	11/05/2003	DISK (e-filed) (ATB)
9	12/04/2003	MOT. EXT/TIME APPELLEE BRIEF
10	12/04/2003	ACTION BY CLERK (w/understanding oral argument in January). Granted: 12/12/2003
11	12/15/2003	APPELLEE BRIEF
12	12/15/2003	APPELLEE APPENDIX
13	12/15/2003	Corrected Table of Cases, page 6, and disk of AEB
14	12/29/2003	SITTING WITH THE COURT: Leclerc, Lawrence A.
15	01/02/2004	REPLY BRIEF of Appellant
16	01/02/2004	DISK - ryb (e-mailed)
17	01/22/2004	APPEARANCES: Jean R. Mullen, Melissa Hauer; Leslie Bakken Oliver, Jon Frantsvog, Pamela Becker and
18	01/22/2004	Rita Richard
19	01/22/2004	ARGUED: Mullen; Oliver (Vol. Y; Page 195)
20	01/22/2004	ORAL ARGUMENT WEBCAST
21	03/25/2004	DISPOSITION: REVERSED
22	03/25/2004	UNANIMOUS OPINION: Maring, Mary Muehlen
23	03/25/2004	Costs on appeal taxed in favor of appellant
24	03/29/2004	Judgment Mailed to Parties
25	04/22/2004	MANDATE

Generated from Supreme Court Docket on 11/20/2008