Columbiana Health & Rehabilitation, LLC v. Statewide Health Coordinating Council

THOMAS, Judge,

dissenting.

I respectfully dissent. I agree with the nursing homes that the “adjustment” to the State Health Plan (“SHP”) made in this case is actually an “amendment” to the SHP and, thus, that it was subject to the rule-making procedures of the Alabama Administrative Procedure Act. See Health Care Auth. of Athens v. Statewide Health Coordinating Council, 988 So.2d 574, 590 (Ala.Civ.App.2008) (Thomas, J., dissenting).