Premo

In this dispute over cuts to reimbursement rates, plaintiff Kings Rehabilitation Center, Inc. (Kings) appeals from a judgment denying its petition for writ of mandate and declaratory relief. In the published portion of this opinion we uphold the practice of “incorporation by reference” of materials into published regulations. We address other points in the unpublished portion of the opinion. We shall affirm.

Background

Discussion

I., II.*

III. Incorporation by Reference.

The Department of Rehabilitation (the Department) administers “habilitation” programs and reimburses providers of “work-activity programs,” among others. (See Welf. & Inst. Code, §§ 19350, 19352, subd. (e), 19355.) In aid of its mission, the Department issued a ratesetting manual, the Habilitation Services Ratesetting Manual (the Manual), which includes formulas for reimbursing providers. The Manual has not, itself, been promulgated as a published regulation. Kings maintains that the Manual is an illegal “underground regulation” in violation of the Administrative Procedures Act (Gov. Code, § 11340 et seq. (APA)). Kings makes a facial attack on the process of incorporation by reference, which it views…