North Central Good Samaritan Ctr. v. ND Dept. of Human Serv.

990363 North Central Good
Samaritan Center,
and Osnabrock Good
Samaritan Center, Plaintiffs and Appellants
v.
North Dakota Department
of Human Services, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Contracts
Counsel:
Appellant: Vogel Law Firm
Appellee: Jean R. Mullen , Att. General Office
Term: 03/2000   Argument: 03/28/2000  10:45am
ND cite: 2000 ND 96
NW cite: 611 N.W.2d 141


Issues: Appellant's Statement of the Issues:
Are the Centers Entitled to be reimbursed for Supply Services, Inc.'s Acutal Costs of Providing Supplies to the Centers?
Did the Department follow the wrong hearing procedure?
1. Does the Department have the burden of persuasion?
2. Did the Department fail to issue proper pre-hearing notice as required by law?
Did the Centers properly allocate Supply Services, Inc.'s costs?

Appellee's Statement of the Issues:
Whether the North Dakota Department of Human Services correctly interpreted its rules regarding establishment of rates for Medicaid program reimbursement to the Appellants' nursing homes.

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Docket entries:
112/03/1999 NOTICE OF APPEAL: 12/01/1999
212/30/1999 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
312/30/1999 RECORD ON APPEAL, including Certificate of ROA to District Ct. (2 Vols.)
401/10/2000 APPELLANT BRIEF
501/10/2000 APPELLANT APPENDIX
601/10/2000 DISK - ATB
702/14/2000 APPELLEE BRIEF
802/14/2000 DISK - AEB
902/25/2000 SITTING WITH THE COURT: Erickson, Ralph Robert
1003/01/2000 REPLY BRIEF
1103/02/2000 DISK - RYB
1203/28/2000 APPEARANCES: Monte L. Rogneby; Jean R. Mullen
1303/28/2000 ARGUED: Rogneby; Mullen (Vol. X; page 9)
1403/29/2000 MOTION TO FILE POST-ARGUMENT SUPPLEMENTAL BRIEF
1503/30/2000 ACTION BY CHIEF JUSTICE. DENIED
1605/17/2000 DISPOSITION: AFFIRMED
1705/17/2000 UNANIMOUS OPINION: VandeWalle, Gerald W.
1805/17/2000 Costs on appeal taxed in favor of appellee
1905/17/2000 Order/Judgment Mailed to Parties
2006/08/2000 MANDATE
2106/14/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2203/13/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 01/07/2009