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IN THE COURT OF APPEALS OF MARYLAND

No. 105 September Term, 2007 _________________________________________

VNA HOSPICE OF MARYLAND

v.

DEPARTMENT OF HEALTH AND MENTAL HYGIENE _________________________________________ Bell, C. J. * Raker Harrell Battaglia Greene Eldridge, John C. (Retired, Specially Assigned) Cathell, Dale R. (Retired, Specially Assigned), JJ. _________________________________________ Opinion by Eldridge, J. _________________________________________ Filed: December 11, 2008 *Raker, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, she also participated in the decision and adoption of this opinion.

This is an action for judicial review of a final adjudicatory administrative decision by the Maryland Department of Health and Mental Hygiene. In that decision, the Department amended the petitioner VNA Hospice of Maryland's hospice care license to exclude VNA from providing home-based hospice services in Carroll and Prince George's Counties. The decision was based upon Maryland Code (2000, 2005 Repl. Vol.),

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Maryland Law