(DOWNLOAD) "California Advocates for Nursing Home Reform v. Bonta" by In the Court of Appeal of the State of California First Appellate District Division Two * Book PDF Kindle ePub Free
eBook details
- Title: California Advocates for Nursing Home Reform v. Bonta
- Author : In the Court of Appeal of the State of California First Appellate District Division Two
- Release Date : January 08, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 100 KB
Description
CERTIFIED FOR PUBLICATION Appellants allege that written and unwritten policies, procedures and guidelines of the Department of Health Services interpreting federal and state statutes relating to the Medicaid 1 program, which the department administers, constitute regulations within the meaning of the Administrative Procedure Act (Gov. Code, § 11340 et seq.) (APA) and are therefore void because they were not promulgated in accordance with the APA. The trial court disagreed and granted summary judgment for the department. We agree with appellants that the department failed to dispositively demonstrate the absence of a triable issue of material fact or that appellants' claim lacks legal merit. Accordingly, we shall reverse the judgment.