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CASE v. WEINBERGER

No. 1246, Docket 75-6038.

523 F.2d 602 (1975)

Mabel M. CASE, d/b/a Case Nursing Home, Plaintiff-Appellant, v. Caspar WEINBERGER, as Secretary of the United States Department of Health, Education & Welfare, et al., Defendants-Appellees-Appellants, Abe Lavine, Commissioner of the New York State Department of Social Services, and John Lascaris, Commissioner of the Onondaga County Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 9, 1975.

Attorney(s) appearing for the Case

Michael A. Wineburg, Michaels, Michaels & Wineburg, Auburn, N. Y. (Joseph C. Scollan, Michaels, Michaels & Wineburg, Auburn, N. Y., of counsel), for plaintiff-appellant.

Eloise E. Davies, Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C. (Rex E. Lee, Asst. Atty. Gen., James M. Sullivan, Jr., U. S. Atty., Leonard Schaitman, Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., of counsel), for cross-appellants/appellees, Weinberger, Bernstein, and Saperstein.

John M. Dufur, Asst. Atty. Gen. of N. Y. (Louis J. Lefkowitz, Atty. Gen., Ruth Kessler Toch, Sol. Gen., Douglas S. Dales, Jr., Asst. Atty. Gen., of counsel), for appellee Lavine.

Before GIBBONS, GURFEIN and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

This appeal results from the efforts of governmental authorities to require compliance with statutory safety standards by those health care facilities which care for governmentally-sponsored patients. We must determine whether or not a full evidentiary hearing is necessary in this case prior to a nursing home's decertification as a skilled nursing facility under the Medicaid program, and further, whether...

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