Administrative Law Archives
This page contains all substantive, public administrative law decisions from the past seven years, and older decisions in rulemaking cases. To request a copy of an older decision, or a decision you believe should be public but cannot find on this page, please submit a data request. To view decisions regarding Municipal Boundary Adjustments, please visit the Boundary Adjustment Reporting System.
0900-38062- In the Matter of the Petition of Presbyterian Homes and Services for an Order to Stop the Department of Health from Enforcing an Unadopted Rule
February 28, 2022- The Department’s pronouncements and actions are enforcing, or attempting to enforce, an unpromulgated rule that does not comport with a legislative mandate. The Department told nursing facilities requesting arbitration that the Department required the submission of information above and beyond what the controlling statute requires before the requesting facility could proceed to arbitration. The Department also failed to assign sufficient staff, which prompted its failure to timely file IIDR requests with the Office of Administrative Hearings as the statute directs. These procedures are directly affecting the rights of skilled nursing facilities who are attempting to appeal what they believe are inaccurate findings of noncompliance. The Department must cease and desist these procedures so that IIDR requests are filed with the proper court
Last Modified: 2/28/2022
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